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Eurovision, Israel, and the Responsibility for War

image of Eurovision logo

On May 11th, Swiss artist Nemo won the Eurovision song competition with “The Code.” The nominally apolitical contest has always been somewhat of a stage for international drama, with this year’s Eurovision occurring with an additional pall of controversy due to the inclusion of singer Eden Golan as the representative artist from Israel. Activists hoped for something like the 2022 exclusion of Russia, and failing that, began pushing for both the artists and the broader public to boycott Eurovision for allowing Israel entry. The finals, held in Malmö, Sweden, occurred amid marches and protests. Performing to a polarized crowd, Golan took fifth, the 20-year-old singer having become a focal point of international politics. To what end we might ask?

For pro-Palestinian or anti-war activists, the question is likely more about tactics than ethical principle. Eurovision, for all its kitsch, is a major international event with significant mass media interest. Tethering their cause to the visibility of Eurovision may pay dividends. This line of thinking does not, however, necessarily explain why they pushed so hard to get Israel excluded from the contest. For some activists, the stated concern was whitewashing, in which the international competition provided Israel a convenient platform to present itself through shimmering pop rather than military violence. And indeed, Golan’s submitted song, “Hurricane,” was originally entitled “October Rain” in reference to the October 2023 attack on Israel by Hamas which killed over 1,000 Israelis and precipitated the current invasion. It was rewritten and retitled at the behest of Eurovision officials, but vague references remain in the lyrics.

It may also be ethically significant to force those with large platforms to take a stand. This echoes the ongoing Blockout 2024 movement which surged following the Met Gala, and encouraged social media users to block celebrities and influencers for failing to use their influence to call attention to Gaza. At core, this is something between a demand for good Samaritanism and good custodianship of power. The contention is that those who have platforms should use them to call out injustice where they see it, either because everyone has such an obligation, or because specifically those with power or influence have an incumbent responsibility. (The expectations of celebrity have been previously discussed by The Prindle Post.)

Lurking behind this is a deeper question of responsibility and accountability. War is something ostensibly done by nations, vast concatenations of peoples, geographies, laws, and institutions that are the primary players of international politics. Is it not somewhat facile to draw such a straight line between a young Israeli singer and the decisions of her country’s government? How does a nation, this abstract geopolitical entity, waging war, refract to the responsibility of those within?

For some philosophers, the answer is simply democracy. While citizens are generally unable to vote on war, and certainly not on specific military operations, they are involved in electing political leadership. Aspiring leaders in turn often have some public record about their inclinations towards war. Certainly Israeli Prime Minister Benjamin Netanyahu, in his decades in government, has never pretended to be anything other than a hawk (technically as Prime Minister he is elected by a parliament which is elected by the people). From this electoral agency ostensibly stems citizens’ responsibility for war.

But if so, it is a watered down responsibility as almost all citizens are far removed from having any personal agency in the decision to wage war. Moreover, war is often based on contingent circumstances that were likely not front of mind when the politician was being elected. Even if the citizen supports the government actions in question — and they very well may not, regardless of whether they support the politician — it is extremely unlikely that anything hinged on their individual vote. Further, decision making powers related to war, and especially military action, strategy, and tactics are often kept deliberately far from voters. Such power is held almost solely by executive political and military leadership. Moreover, military leadership, with the likely exception of commander-in-chief, are not elected positions. Altogether this entails that citizens, even acting collectively in well-functioning democracies, have almost no formal capacity to check military decisions other than to elect different political leadership. Some philosophers, such as the political scientist Neta Crawford, argue that this situation means citizens have a moral obligation to stay educated on their country’s military actions and protest if they believe an unjust war is occurring. Although Crawford’s primary interest is a citizen’s responsibility given an unjust war, not necessarily their responsibility for the war in the first place.

Michael Walzer, a political philosopher, contends in his influential book Just and Unjust Wars that “there should be little difficulty in blaming heads of state [for aggression]. The hard and interesting questions arise when we ask how responsibility for aggression is diffused throughout a political system.” And yet, the Eurovision example raises an interesting contrasting point, for among the broader public, blame for war spreads like wildfire, hardly staying confined to the upper echelons of government. If anything, the fact that only a small number of powerful people actually had decision-making power is obscured by the image of a nation at war. A song contest is seen as strategic propaganda. Israel, which has long been internally divided about Palestine and has seen continuous peace marches and protests since October, is taken as univocal on their military actions. Soldiers, many of whom are performing mandatory service, are almost universally viewed as villains. From a perspective which emphasizes the culpability of decision-making powers, as opposed to more diffuse forms of responsibility, almost all individuals on both sides of the conflict become cogs simply caught in the gears of international politics.

Some of the staunchest criticism of Israel’s action in Gaza, point out that most people there are not Hamas; that these individuals, even if perhaps supporting from afar, did not plan or participate in military actions against Israel; that they are civilians and do not deserve to suffer as collateral damage in a larger conflict. (What “suffer” means in this context is of course worlds apart from any unpleasantness that occurred at Eurovision.) But pop stars and other celebrities are legitimate targets of criticism if one accepts the idea that we have a responsibility to do something and not merely the duty to take responsibility for something. And yet, there is a certain shared reductionism in equating Golan with Israel and the average Gaza resident with Hamas. The real challenge may be maintaining focus on those who actually have decision-making power and are publicly accountable for its use.

Celebrity, Wealth, and Meaning in Life

Color photograph of reality star Paris Hilton sitting on a throne in front of a green screen while many cameras point at her.

People love celebrity and, in particular, they love rich celebrity. Reality TV makes a fortune by playing on people’s voyeuristic desires to see how rich people live. Paris Hilton, the Kardashians, and the Jenners are noteworthy simply for being rich and famous. “The Real Wives” franchise has been so successful that it has launched iterations of its brand in at least 10 different states. Many people admire and hold a high opinion of the capacities of Donald Trump simply because he’s perceived as being wealthy. Our culture is less likely to convict or to require the rich and famous to do any hard time for their criminal behavior. We live vicariously through them; we don’t want for them that which we wouldn’t want for ourselves under the same circumstances. After all, each one of us may be inclined to reason, “I myself am just a temporarily embarrassed billionaire.”

This is an attitude that people have long taken toward the rich, and it is one that we would do well to reflect carefully upon. The 18th-century philosopher Adam Smith is a figure that people often associate with capitalism, but Smith was not impressed with the ways in which people in his day viewed wealth. He wrote not only about markets, but also about moral behavior and the kinds of things about which people are inclined to express approval and disapproval. In The Theory of Moral Sentiments, he writes:

This disposition to admire, and almost to worship, the rich and the powerful, and despise, or, at least, to neglect, persons of poor and mean condition, though necessary to both establish and maintain the distinction of ranks and order in society is, at the same time, the great and most universal cause of the corruption of our moral sentiments. That wealth and greatness are often regarded with the respect and admiration which are due only to wisdom and virtue; and that the contempt, of which vice and folly are the only proper objects, is most unjustly bestowed upon poverty and weakness, has been the complaint of moralists in all ages.

Though there may be much to criticize in the idea of necessary distinction in terms of rank, Smith speaks to our times when he points out that while we venerate the wealthy, we are more likely to engage in what we might today call attribution bias when it comes to the poor. We seem inclined to attribute bad behavior on the part of others to their enduring personality characteristics (for example, their laziness, their self-indulgence, their lack of vision, etc.), and might be contemptuous of them for those reasons, but that same person would attribute similar bad behavior on their part to the various particulars of their circumstances. So, for example, Jane engages in attribution bias when she blames the fact that Tom got nothing done on the weekend on what she views as his laziness but explains the fact that she got nothing done on the same weekend on the fact that she had a long hard week at work and needed a rest.

A similar phenomenon occurs when people consider the behavior of the poor. We are more likely to say that a person who is out of work, addicted to drugs, or finds themselves homeless is in one or more of those circumstances because of their vicious traits of character than we are to say that they find themselves where they are due to bad luck, poor treatment, or ill health. Society tends to be contemptuous of such people for that reason, and often even passes retributive legislation that makes these social problems worse. These sentiments prevent us from viewing poverty and its attendant consequences (for example, addiction, criminal behavior, and incarceration) as public health and safety challenges that should be dealt with in compassionate ways.

When it comes to the wealthy, on the other hand, we tend to attribute success to work ethic, talent, innovativeness, and worthiness. Those who rise to the top do so because they deserve to be there; surely there could be no flaws with the system of merit that ensures that anyone with the right set of traits gets where they deserve to be. We admire such people, even when, in fact, they have vicious characters and manipulated and exploited people to get where they are.

The explanation behind how we view the wealthy probably has much to do with how we are encouraged to think about meaning in life. Here in the United States, the “American Dream” is often presented in a way that focuses on the value of material success. People live this dream to the extent that they are able to find work which allows them to purchase an impressive house and fancy cars to store in a large garage. Young people often plan their lives in ways that are focused on maximizing profits, or, at least, they are often encouraged to do so by their parents or their peers and made to feel like failures if they don’t. At some point, many come to believe that this kind of meaning can be theirs if, and only if, they work at it, and those who have not achieved such success must simply not have worked hard enough. Contempt ensues.

As Adam Smith points out, people frequently make the mistake of confusing material success and social status for virtue. He says,

The respect which we feel for wisdom and virtue is, no doubt, different from that which we conceive for wealth and greatness; and it requires no very nice discernment to distinguish the difference. But, notwithstanding this difference, those sentiments bear a very considerable resemblance to one another. In some particular features they are, no doubt, different, but, in the general air of the countenance, they seem to be so very nearly the same, that inattentive observers are very apt to mistake the one for the other.

Similar as they may feel, wealth and status are not the same thing as virtue. If we want to live flourishing lives, it would be wise of us to change our attitudes toward the rich and famous. Philosophers have long engaged in debate regarding meaning in life, but, perhaps unsurprisingly, no philosopher of note has concluded that meaning (or, absent that, a good or virtuous life) consists in attaining wealth and power. Our moral sentiments on this point are increasingly important as oligarchs gain more and more control over the planet. When our attitudes are distorted by the seductive powers of wealth and status, we aren’t in a position to recognize that the things we value most (for example, autonomy, self-respect, the well-being of the planet etc.,) are being bought and sold in a way that recognizes no greater good than the dollar.

The Ethics of Reproducing Trauma in Celebrity Biopics

photograph of Pamela Anderson and Tommy Lee

Practically every streaming service available has a new biopic revisiting celebrity scandals or scandals that turned former unknowns into cultural villains. Hulu just released The Dropout, a series that focuses on the infamous Elizabeth Holmes who lied about the effectiveness of her company’s game-changing blood test for diagnosing diseases. Netflix just released both Inventing Anna and The Tinder Swindler exposing the rise and fall of two con artists turned elite socialites. A number of other biopics are set to be released this year covering music stars like Elvis and Bob Dylan as well as documenting the important stories of Emmet Till and the journalists who broke the story on Harvey Weinstein’s rampant sexual abuse in Hollywood. As this wave of series and films are released, it is important to remember that these depictions memorialize difficult personal moments and are often told from a very specific angle – whether it be sympathetic or not to their subjects. The act of trying to tell other people’s real-life stories raises a multitude of questions about the ethics of taking a private event and turning it into a public spectacle. These questions become particularly pertinent when the biopics are made without the consent of the subject they are covering.

Obviously, there are many things to be gained from films and television that cover real historical events and people. After all, Schindler’s List – considered one of the most important movies ever made – is a historical drama that explores the tragedy and resistance in Nazi Germany, as well as the brave efforts of Oskar Schindler, a real man who saved Jewish people during WWII. The film covers one of the most traumatic events in modern human history, yet surely no one would argue against making a film such as this.

A more recent example of such a successful historical biopic is the story of Black Panther leader Fred Hampton in Judas and the Black Messiah. The film depicts the violence that Black Americans faced in the 1960s from governmental organizations trying to quell the civil rights movement. Fred Hampton’s end is, tragically, also a traumatic one, but is one that a majority of Americans need to see in order to unlearn a white-washed version of American history. The movie’s makers were able to get permission from Hampton’s family to produce his story on screen, but securing consent from the subject or subject’s family is not always an option. Does that mean that the film shouldn’t be made? Surely the subjects of The Dropout and Tinder Swindler would rather not have their crimes brought to the screen.

What happens when filmmakers reach out for consent, but are denied? Studios have to weigh the risk of not getting permission from the subject and then potentially being sued later for defamation if the subject objects to the way that they were portrayed. Oftentimes, however, these cases get thrown out because it can be particularly hard to prove defamation, especially if the story is already well-known. The other option that studios have is to buy the life rights to a story. Life rights offer multiple benefits for studios because they provide legal protection and insider-access to the subject in a competitive movie-making market. These legal protections allow studios to exercise a good deal of creative license over a story, which often strays from the truth of actual events. Yet, they are still able to claim that their film is based off of a true story, which often lends extra significance to a story.

Ultimately, asking for subjects’ consent in film-making is treated more as a friendly gesture than a priority. The current state of affairs leaves very little room for the actual subject to have any sort of agency over how their story is told, especially when they are up against multi-million movie production companies. While studios may claim they are simply producing art, in the 21st century it is highly possible that an audience would take what they see on-screen at face value, especially when it is labeled a true story.

There are two very recent examples of this sort of conflict in the film House of Gucci and the Hulu series Pam & Tommy. In the first, the story of Patrizia Reggiani’s plot to assassinate the heir of the Gucci legacy, Maurizio Gucci, in the 1990s. The film featured an all-star cast with the role of Patrizia being played by Lady Gaga, who created an internet frenzy when it was revealed Gaga did not want to meet the character she was playing in the film. While Gaga had her own fair reasons for not wanting to meet the convicted murderer, Reggiani has criticized Gaga’s decision to not reach out. Meanwhile, the Gucci family has been vocal in their criticism of the film, particularly the sympathetic view the movie takes toward Reggiani as a woman trying to climb a patriarchal ladder. They also charged the film with chasing profits first and foremost, without a thought as to the potential impact the film might have on the family. In response to this criticism, director Ridley Scott only pointed out that the Gucci family has its own history of profit-seeking, which has placed them in the “public domain.” We might wonder, however, whether this reasoning is enough to outweigh the potentially traumatic impact of seeing their family member’s murder played out on the big screen. What obligations might filmmakers have when telling someone else’s story – especially a version they can sell to the public?

The new Hulu series, Pam & Tommy (2021), complicates this question even further as Pamela Anderson not only refused to give consent to the show, but has also spoken out about the trauma she endured. The release of the tape over two decades ago forever scarred her life as Anderson faced all manner of slut-shaming, misogyny, and invasions of privacy. Of course, as her career plummeted, her abusive partner in the tape only gained more status to his rock ‘n’ roll image.

All of this was mostly forgotten by younger generations who might’ve never even known the names otherwise. But Hulu’s series drudges up the sordid details and presents them anew. While showrunners claim to be defending Anderson in a way that she was not in the early 2000s, the series still does harm by simply revisiting all of this past trauma and bringing it to the forefront of headlines and social media. The reactions of Anderson and Lee make it clear who still benefits from this production. While Tommy Lee has praised the actor portraying him, Anderson posted to Instagram about refusing to be victimized once again, and continues to identify herself as a survivor. Anderson has also revealed that she’ll will be able to make her own documentary that truly tells the tale from her perspective. Will shining a new light on the story justify its production?

Anderson’s case is especially troubling because of the potential retruamatization. The Gucci family too stand to be deeply impacted, not only emotionally, but also financially by their family’s, and brand’s, name being dragged by a Hollywood film. These productions raise serious concerns over the lack of agency that one can have over how their story is told. What are the ethical boundaries of memorializing someone’s darkest moment for the world to see? What sort of responsibilities should showrunners be held to when attempting to produce “true” versions of someone else’s tale? And what might it say about modern society that we are so hungry for these fictionalized accounts of other people’s lives that they’ve become such lucrative projects?

Will the Real Anthony Bourdain Please Stand Up?

headshot of Anthony Bourdain

Released earlier this month, Roadrunner: A Film About Anthony Bourdain (hereafter referred to as Roadrunner) documents the life of the globetrotting gastronome and author. Rocketing to fame in the 2000’s thanks to his memoir Kitchen Confidential: Adventures in the Culinary Underbelly and subsequent appearances on series such as Top Chef and No Reservations, Bourdain was (in)famous for his raw, personable, and darkly funny outlook. Through his remarkable show Anthony Bourdain: Parts Unknown, the chef did more than introduce viewers to fascinating, delicious, and occasionally stomach-churning meals from around the globe. He used his gastronomic knowledge to connect with others. He reminded viewers of our common humanity through genuine engagement, curiosity, and passion for the people he met and the cultures in which he fully immersed himself. Bourdain tragically died in 2018 while filming Parts Unknown’s twelfth season. Nevertheless, he still garners admiration for his brutal honesty, inquisitiveness regarding the culinary arts, and eagerness to know people, cultures, and himself better.

To craft Roadrunner’s narrative, director Morgan Neville draws from thousands of hours of video and audio footage of Bourdain. As a result, Bourdain’s distinctive accent and stylistic lashings of profanity can be heard throughout the movie as both dialogue and voice-over. It is the latter of these, and precisely three voice-over lines equating to roughly 45-seconds, that are of particular interest. This is because the audio for these three lines is not drawn from pre-existing footage. An AI-generated version of Bourdain’s voice speaks them. In other words, Bourdain never uttered these lines. Instead, he is being mimicked via artificial means.

It’s unclear which three lines these are, although Neville has confirmed one of them, regarding Bourdain’s contemplation on success, appears in the film’s trailer. However, what is clear is that Neville’s use of deepfakes to give Bourdain’s written words life should give us pause for multiple reasons, three of which we’ll touch on here.

Firstly, one cannot escape the feeling of unease regarding the replication and animation of the likeness of individuals who have died, especially when that likeness is so realistic as to be passable. Whether that is using Audrey Hepburn’s image to sell chocolate, generating a hologram of Tupac Shakur to perform onstage, or indeed, having a Bourdain sound-alike read his emails, the idea that we have less control over our likeness, our speech, and actions in death than we did in life feels ghoulish. It’s common to think that the dead should be left in peace, and it could be argued that this use of technology to replicate the deceased’s voice, face, body, or all of the above somehow disturbs that peace in an unseemly and unethical manner.

However, while such a stance may seem intuitive, we don’t often think in these sorts of terms for other artefacts. We typically have no qualms about giving voice to texts written by people who died hundreds or even thousands of years ago. After all, the vast majority of biographies and biographical movies feature dead people. There is very little concern about the representation of those persons on-screen or the page because they are dead. We may have concerns about how they are being represented or whether that representation is faithful (more on these in a bit). But the mere fact that they are no longer with us is typically not a barrier to their likeness being imitated by others.

Thus, while we may feel uneasy about Bourdain’s voice being a synthetic replication, it is not clear why we should have such a feeling merely because he’s deceased. Does his passing really alter the ethics of AI-facilitated vocal recreation, or are we simply injecting our squeamishness about death into a discussion where it doesn’t belong?

Secondly, even if we find no issue with the representation of the dead through AI-assisted means, we may have concerns about the honesty of such work. Or, to put it another way, the potential for deepfake facilitated deception.

The problem of computer-generated images and their impact on social and political systems are well known. However, the use of deepfake techniques in Roadrunner represents something much more personable. The film does not attempt to destabilize governments or promote conspiracy theories. Rather, it tries to tell a story about a unique individual in their voice. But, how this is achieved feels underhanded.

Neville doesn’t make it clear in the film which parts of the audio are genuine or deepfaked. As a result, our faith in the trustworthiness of the entire project is potentially undermined – if the audio’s authenticity is uncertain, can we be safe in assuming the rest of the film is trustworthy?

Indeed, the fact that this technique had been used to create the audio footage was concealed, or at least obfuscated, until Neville was challenged about it during an interview reinforces such skepticism. That’s not to say that the rest of the film must be called into doubt. However, the nature of the product, especially as it is a documentary, requires a contract between the viewer and the filmmaker built upon honesty. We expect, rightly or wrongly, for documentaries to be faithful representations of those things they’re documenting, and there’s a question of whether an AI-generated version of Bourdain’s voice is faithful or not.

Thirdly, even if we accept that the recreation of the voices of the dead is acceptable, and even if we accept that a lack of clarity about when vocal recreations are being used isn’t an issue, we may still want to ask whether what’s being conveyed is an accurate representation of Bourdain’s views and personality. In essence, would Bourdain have said these things in this way?

You may think this isn’t a particular issue for Roadrunner as the AI-generated voice-over isn’t speaking sentences written by Neville. It speaks text which Bourdain himself wrote. For example, the line regarding success featured in the film’s trailer was taken from emails written by Bourdain. Thus, you may think that this isn’t too much of an issue because Neville simply gives a voice to Bourdain’s unspoken words.

However, to take such a stance overlooks how much information – how much meaning – is derivable not from the specific words we use but how we say them. We may have the words Bourdain wrote on the page, but we have no idea how he would have delivered them. The AI algorithm in Roadrunner may be passable, and the technology will likely continue to develop to the point where distinguishing between ‘real’ voices and synthetic ones becomes all but impossible. But such a faithful re-creation would do little to tell us about how lines would be delivered.

Bourdain may ask his friend the question about happiness in a tone that is playful, angry, melancholic, disgusted, or a myriad of other possibilities. We simply have no way of knowing, nor does Neville. By using the AI-deepfake to voice Bourdain, Neville is imbuing meaning into the chef’s words – a meaning which is derived from Neville’s interpretation and the black-box of AI-algorithmic functioning.

Roadrunner is a poignant example of an increasingly ubiquitous problem – how can we trust the world around us given technology’s increasingly convincing fabrications? If we cannot be sure that the words within a documentary, words that sound like they’re being said by one of the most famous chefs of the past twenty years, are genuine, then what else are we justified in doubting? If we can’t trust our own eyes and ears, what can we trust?

Creation, Destruction, and the Ethics of “Murderabelia”

absratct image of ink painting

On March 30th 1981, 25-year-old John Hinckley Jr. attempted to assassinate President Ronald Regan. He was convinced that doing so would earn him the affection of the young woman with whom he was obsessed — the 19-year-old actress Jodie Foster, who had recently starred in the film Taxi Driver. Hinckley was successful at shooting the president in the chest, and in the process he also shot Press Secretary James Brady in the head, Secret Security Agent Timothy McCarthy in the side, and District of Columbia police officer Thomas Delahanty in the neck. Hinckley was found not guilty by reason of insanity and was committed to St. Elizabeth’s Hospital, a psychiatric institution.

Hinckley remained at St. Elizabeth’s for 34 years before he was conditionally released into the care of his mother in 2016. He now owns a shop that sells books and antiques. While institutionalized, Hinckley gained a fondness for expressing himself through art; he paints and also writes and plays music. For many years, if he wanted to display his work, he was required to do so anonymously because of statutes that prohibit convicted criminals from benefiting from the notoriety that they gained from committing their crimes. In October, 2020, he was granted permission by a District Court judge to sign, claim credit for, and sell his work.

Hinckley’s visual art consists mostly of landscapes. Other notorious criminals create art that is more disturbing and intimately connected to the crimes that they have committed. Serial killer John Wayne Gacy, who was convicted of killing 33 young men and boys and burying them in the crawlspace under his family home is infamous for creating art depicting himself as a killer clown. Before he was convicted, Gacy would often dress up as a clown to entertain patients at the local children’s hospital. His art is inseparable from who he was and is as a person; it is a manifestation of the murderous persona that he developed over the course of many tragic years. Arthur Shawcross, murderer of 14 people in the 1980’s, also created art related to his crimes, some of it surprisingly similar to the art created by Gacy. Other killer artists include Charles Manson, Richard Ramirez, Anthony Sowell, and Elmer Wayne Henley.

These artifacts produced by incarcerated criminals are trade items in the small but thriving business known as the murderabelia market. Those that deal in this kind of thing obtain letters, artwork, recorded music, and even the hair and skin of notorious criminals. Some true crime aficionados will pay a significant price for these items.

Over the years, many pieces of legislation have been passed in an attempt to ward off the possibility that the commission of a crime, in many cases a serious and violent one, will make various forms of artistic expression more profitable for the person or people who committed it. In the immediate aftermath of the Son of Sam murders that plagued New York City in the summer of 1977, New York passed the Son of Sam Law prohibiting criminals from profiting from expression that is lucrative because of the notoriety that they have gained from their crimes. Many other states quickly followed suit. The law was passed because people believed that David Berkokowitz, the person found legally responsible for the killings, was planning to sell exclusive story rights related to his life and crimes to the publishing company Simon & Schuster. They reasoned that if any money is made from the sale of such items, that money should go to the families of the victims. The company, which was attempting to publish the memoirs of Henry Hill, the FBI informant whose life story would later be dramatized in the movie Goodfellas, sued in 1989. They argued that preventing convicted individuals from expressing themselves in this way violated their First Amendment rights. They won the case in the Supreme Court, which held that the laws were constructed in a way that was too broad to achieve the state’s compelling interest.

Hinckley differs from the other figures listed above. He suffers from mental health issues and the court decided that he could not be held legally responsible for the crimes that he committed for that reason. The attitudes that we have toward criminals frequently turn on the extent to which we believe that they acted freely. If coercive factors were in play such that Hinckley had no real control over whether he shot Regan, we shouldn’t hold him fully responsible for doing so. Certain mental health problems are coercive in this way.

Freedom of expression is important for many reasons, and some of them are therapeutic. Art therapy is used in a variety of settings to deal with trauma and mental health problems. The therapeutic aspects of creating art don’t happen only at the individual level; sharing, interpreting, and discussing art is a social experience. Limiting this form of expression might violate access to our nature as creative and social beings who need these outlets in some form or other to survive and to be psychologically healthy.

That said, there are great discrepancies from one state to the next and from one jury to the next when it comes to how seriously people are willing to take insanity defenses. The legal definition of insanity has nothing to do with whether a person has a diagnosed or diagnosable mental illness and has everything to do with whether the person in question knew the difference between right and wrong at the time that the crime was committed. Some people view mental health problems as coercive factors and others do not. Some of the other convicted criminals who make art could have also been deemed legally insane, had they had a different lawyer, a different jury, a different judge, or been tried in a different state. A similar problem arises when it comes to death penalty sentences — such judgments are often arbitrary and have more to do with where a defendant committed a crime than with the mental state of the accused at the time that it was committed.

Even if there are good reasons to allow the social experience of artistic expression to take place, there may also be legitimate medical and social reasons to prevent it. Hinckley was diagnosed with narcissistic personality disorder, and early on doctors feared that social recognition of his art and music might get in the way of his work on that condition. Human beings are both creative and destructive forces. Not all forms of creation are positive, but some of them are so positive that they are life-affirming. Does cutting off all pathways to creation disrespect the dignity of human beings?

There are other cases in which creation is really a form of destruction. Sometimes, the creation of art is a display of hate and violence — not all art is rainbows and rose petals, or even landscapes. What’s more, we often don’t want it to be; it can be important that art is cathartic. That said, sometimes an artist’s intent is to pass along their rage. The artist may want to revictimize the people that they’ve hurt, or to lash out against people they believe have hurt them. Indeed, some families feel crushed when art created by someone who killed their family member is sold. They feel that the perpetrator has not only robbed them of their loved one, but they are taking that crime all the way to the bank.

There are many artists who haven’t been convicted of crimes who have nevertheless done awful things and are terrible human beings. For example, the 20th century artist and architect Eric Gill is now known to have sexually abused his two oldest daughters, yet his art is still featured in exhibitions and is a fixture of private collections. Some of this work even features his nude daughters as subjects. The 16th century artist Caravaggio was violent and was sentenced to death for murder before he fled to Naples, yet his work is displayed at The Louvre in Paris, The Uffizi in Florence, and The National Gallery in London. All of these years removed, much of his art is likely to be more interesting rather than off putting to patrons as result of the profile of the artist. We don’t need to go centuries into the past to witness this phenomenon. The decisions of contemporary politicians may have been the cause of many unnecessary deaths, yet people are inclined to think of that art as charming some decades removed from the fact.

A critical component in the moral assessment of this issue has to do with the people who obtain, sell, and purchase this art. Why is it that a person might want a painting composed by a serial killer to feature prominently in their collection? Perhaps it is a desire to own something noteworthy and unusual that no one else has. It may be an instinct to be, somehow, close to infamy. The fact that these objects are available for sale gives people the opportunity to glorify the wrong people, to look to the worst possible individuals as role models. There is nothing “cool” about John Wayne Gacy. If this art was hanging in a gallery and the artist was unknown, no one would purchase it. It is because the art was created by a serial killer, and not in spite of that fact that led to the purchase of the work. Should we approach all works of art with an empathetic eye, or is there some art to which it is important that we do not relate? Does some art weaken our moral character rather than build on our capacity to view the world in new and diverse ways?

Art is a meaningful part of the human experience. The conditions under which it is made are rich and varied. Our aesthetic experiences and judgments are linked, in many cases, to other kinds of value judgments, which makes these questions very difficult to resolve.

Public Divorces and Media Privacy

photograph of Bill and Melinda Gates

On May 3rd, Bill and Melinda Gates announced their decision to divorce. The announcement sent shockwaves through the business community as well as the philanthropic world, and surprised many members of the general public. Since the announcement, little by little, media outlets from The Wall Street Journal to The Daily Mail have been publishing news stories speculating on the reason for divorce, and also providing very personal aspects of the Gates’ married life. This coverage raises important questions about the role of the media in reporting on the private lives of the rich and famous and the role of individuals in consuming this private information.

Where should we draw the line when it comes to media coverage of relationships and dating? Is it moral to seek out such intimate information about a stranger’s life?

Coverage of high-profile relationships is by no means new. For decades tabloids and mainstream news have covered the intimate details of the personal relationships of public servants to Hollywood socialites. While many celebrities make their living primarily from remaining relevant in the public eye, a whole host of other professionals, like athletes, politicians, and philanthropists have also received their fair share of scrutiny. In 2009, news of Tiger Woods’ litany of affairs dominated the news cycle for weeks. In 2019, during Jeff and McKenzie Bezos’ divorce, details of his consistent public infidelity came to light. Would we know, or care to know, any of these details about our coworkers, acquaintances, or even strangers?

Many of us accept media scrutiny of the rich and famous but would be appalled if a local news channel or paper ran a story on the affairs of everyday people. Though there are designated celebrity news platforms which specialize in tabloid gossip, even conventional news sources partake in running stories which reveal embarrassing and personal details of public figures. Clearly, these stories get more clicks than criticism, but that does not necessarily make such stories ethical.

The field of celebrity gossip carries its own set of ethics. These include seeking permission by subjects whenever possible, avoiding content which could harm a celebrity’s reputation, and maintaining credible sources of information. In the case of Bill and Melinda Gates, several pieces of information released by the press arguably both invade their privacy and damage their reputation. For example, the media recently reported on the details of Bill Gates’ annual trips to visit his ex-girlfriend for a weekend, a condition reportedly negotiated during the Gates’ marriage arrangements. As this arrangement appears to be consensual, private, and holds a high potential for damaging the Gates’ reputation there does not appear to be an ethical reason to report on it if not given permission to do so. Other details of the decision to divorce are more ethically fuzzy, such as Bill Gates’ association with Jeffrey Epstein serving as a motivating factor for the divorce. While this information is private, there is also an interest in the public knowing who was closely associated with a convicted child predator. As more information comes out about the Gates’ divorce, it is important to analyze information reported through the critical lens of journalistic ethics.

Should individuals seek out news concerning the personal lives and relationships of celebrities? Whether or not we believe that the media should cover such stories depends on what value derives from access to this information. While it makes sense to publicize clearly immoral actions of public figures, from violent behavior to fraud and deception, why should we make public the relatively amoral details of their personal affairs? Perhaps we seek out this knowledge because we believe that those we idolize, buy products from, or even vote for, should be “good people.” To some, a string of affairs might communicate a lack of trustworthiness, and a divorce could communicate a lack of perseverance. If we demand these qualities in our business or political leaders it makes sense that we would want to know these details in their personal lives. However, is setting such moral standards reasonable considering the fact that about 1 in 5 Americans engage in infidelity at some point in their lives and roughly 40% of marriages end in divorce? Knowing the sordid details of Bill Gates’ divorce will likely not impact the way that people interact with Microsoft, or even the Bill and Melinda Gates Foundation. It might, however, affect the level of space Gates is given in influencing public discourse. This function of accessing celebrities’ personal information is based on the utility it brings to exercising our own relationships with these celebrities. Perhaps this is similar to how we might judge a coworker or friend: if we found out they behaved in a way contrary to our values, we might limit the degree to which we trust or revere celebrities who do similar things.

Another reason we might seek out this information is not to make judgments, but to revel in the rich and famous’ inability to fulfill happiness despite their massive privilege. Knowing that even Bill Gates is not immune from divorce shatters the image that immense wealth automatically creates the perfect life. Those who do not enjoy such privilege yet have happy marriages might feel satisfaction knowing that they have something that Gates does not. Alternatively, realizing that even those who wield the most power in society might still have imperfect personal lives might change one’s priorities or path to seeking long-term happiness. This function of celebrity gossip might be considered immoral if one believes that we should not use others simply as a source of entertainment, pleasure, or wisdom – especially without their permission.

Finally, answering these questions requires grappling with celebrity privacy, and how much we believe their choosing the spotlight justifies having the painful details of one’s most difficult moments on full display. While fame comes with higher scrutiny, perhaps we should reconsider where we think the lines should be drawn. Perhaps those who choose to use the media to amass wealth and followers should expect no less attention  when it comes to difficult or painful topics. However, perhaps we might believe that no one deserves such details on display, regardless of their position in the public eye. Tabloids have notoriously caused acute mental distress to celebrities and profited off of humiliating personal experiences while doing so. While many might enjoy reading entertainment news, they might not be comfortable with the range of methods taken to obtain this information.

Privacy is something nearly everyone values in their personal lives, especially concerning the most intimate details of close relationships. Perhaps we should ask ourselves whether we would be comfortable with our relationship drama splashed across the front page before clicking on the next celebrity divorce story.

Leaving Britney Alone

photograph of Britney Spears walking through crowd at event

In 2008, writer Stephen Elliott asserted that “It’s challenging to engage in a serious conversation about Britney Spears.” That conversation is no less difficult to engage with in 2021, though the recent documentary Framing Britney Spears encourages us to try.

Much like Marilyn Monroe before her, Britney Spears is a deeply troubled and troubling figure in pop culture. Their lives even follow the same basic arc; a beautiful but exploited blonde girl becomes a much-lauded sex symbol — the embodiment of beauty for her particular generation and cultural moment — and then the whole world watches with glee as she comes crashing down. The difference is that Britney was able to reach a place in her life where she could counteract the narrative that has accrued around her. Framing Britney Spears does this work admirably, reframing her family life, turbulent relationships, and mental health struggles for the age of Me Too. In particular, the documentary examines the questionable way the media treated her, and forces us to ask uncomfortable questions about our collective obsession with the pop star’s messy life.

This story certainly makes us question the ethics of celebrity worship (and celebrity hatred), but the documentary’s version of Britney’s life has made some of the women who grew up with her image uncomfortable. In particular, the filmmakers try to suggest that Spear’s sexualized schoolgirl persona was something she herself crafted, and that interpreting her brand or her songs as misogynistic is to deny her agency. The prudish American public simply resented her overt sexuality, which was a component of her artistic vision. As Tavi Gevinson notes in an essay for The Cut, the documentary has a very specific agenda that this position serves well. Britney is currently enmeshed in a legal battle to break free from her conservatorship, so emphasizing her ability to make choices makes perfect sense.

This image of picture-perfect blonde beauty is something Britney fought for control over, and the evolution of her public persona demonstrates that struggle. The infamous hair-shaving incident is the most iconic episode in her life, and by specifically shaving her hair, she dismantled her own appearance in a way that counteracted her public image. Even her voice reflected a discomfort with her status as an icon. In a review of her 2016 album Glory, one critic describes how “as her career progressed, Britney and her producers began, rather gleefully, having some fun with the fake. Her futuristic-sounding pop songs became sonic laboratories, explorations of emerging technologies in Auto-Tune . . . On songs like the electro-pop collage ‘Piece of Me,’ her voice is robotized to the point of sounding posthuman.” It’s easy to read this shift as the material embodiment of feminist writer Adrienne’s Rich’s observation that “The body has been made so problematic for women that it has often seemed easier to shrug it off and travel as a disembodied spirit.”

But at the same time, there’s something not quite right about reframing Britney as a feminist icon. This is less about whether or not Britney Spears, the human being, holds views that we might describe as feminist, or feminist-aligned. Rather, it’s about whether Britney Spears, the cultural icon manufactured by a corporation, embodies misogynistic stereotypes. In her essay, Gevinson quotes a friend (who, like Gevinson, grew up with Britney’s music and image) on the documentary: “[Britney] was the establishment! She was what we were supposed to be: sexy and young. Not a paragon of independence . . . She was a response to Alanis [Morissette] and the rise of the ‘angry woman’” figure in popular music. As Gevinson explains,

“The filmmakers do not acknowledge how Spears’s agency may have been compromised by her age, the stakes of wealth and fame, or the influence of the adults around her. They also do not engage the messier implications of the virginal-but-sexy stereotype . . . it is absurd to discuss her image from that time as though there were not an apparatus behind it, as though she existed in a vacuum where she was figuring out her sexuality on her own terms, rather than in an economy where young women’s sexuality is rapidly commodified if they are old enough to be discarded.”

So what purpose does it serve to rebrand an artist who represents the epitome of Western beauty standards and behavior as a trail-blazing feminst?

As the public became more aware of Britney’s struggles under her conservatorship, fans began to mobilize. Last April, a group of protesters gathered outside of a city hall in Los Angeles, holding “Free Britney” signs and chanting in unison. Though the protest may have been just a little tongue-in-cheek, the fact that Britney’s fans borrowed political language and set dressing for the sake of their idol speaks to the broader narrative her story has been subsumed into. Whether we hurl vitriol at her or politicize her pain, she must always be a symbol for something, her beauty and tragedy must be appropriated for some end. We can read her as a misogynistic fantasy, a sexualized teenager acting out the fantasies of older men, or we can try to reclaim her as an image of strength. Either way, it seems that we simply can’t leave Britney alone.

Bella Thorne and Celebrities Inhabiting Shared Spaces

photograph of bella thorne on red carpet with crowd behind her

The age of technology has brought many new things into modern life, but arguably one of the most influential and important is social media. A radically new world was created online where everyone around the globe can be connected within seconds no matter their location. One of the groups to take advantage of this instant connection was celebrities as social media and online platforms allow them to connect with their fans directly and give audiences glimpses into their private lives, without having to actually even meet in-person. This has given rise to the phenomena of celebrity culture where the public can know almost any aspect of a star’s life. Some have used this trend to help build their fame and monetize their brands. While celebrities have every right to use these platforms just like any other member of the public, they enter into these spaces with an unfair advantage. They have a following and a brand, which usually disrupts some of the communities that are made up of the public, who might depend on these platforms to make a living. There’s a fine line here for celebrities to watch, as their introduction to these spaces threatens to undermine these platforms, and perhaps eliminate, or at least adulterate, this communal space.

Recently, one platform in particular, OnlyFans, has taken over the pornography market by allowing individuals to have autonomy over what and when they create. This form of pornography can be highly personal with subscribers getting to know the performers whose bodies and lives they are consuming. With OnlyFans, as long as you gain a following, anyone can make money through this form of sex work, without having to find a studio, or work in the public space. A new creator on the platform, actress Bella Thorne who started her career with the popular Disney show “Shake it Off,” broke records within 24 hours of her appearance on the site. She announced her introduction to OnlyFans with Paper Magazine where she wanted to discuss “the politics behind female body shaming & sex.” Immediately, she made headlines with her addition, which inevitably began sparking conversations around sex work and female sexuality — the discussion that she hoped would be happening.

There are both advantages and disadvantages to a celebrity of Bella Thorne’s caliber joining OnlyFans. Sex work has historically been a job that is not seen as a valid form of work and is criminalized in most countries around the world. As a consequent of this criminalization there are specific dangers that sex workers face in their line of employment, which are usually ignored by politicians, police officers, and society as a whole. If celebrities begin to partake in creating this type of content, however, a normalization may begin, which could work to validate and decriminalize sex work, and possibly address those issues that sex workers face daily. This appears to be Bella Thorne’s intention behind her move to OnlyFans. But she gravely miscalculated the responsibility she had to ensure that she didn’t hurt the very community she was trying to help.

Sex workers who rely on their income from OnlyFans faced a crisis as the website suddenly changed their policies, limiting the freedom and ability of performers to make a living off the platform. The catalyst to these changes was directly after Thorne made her debut on the platform, however, OnlyFans claims the two weren’t connected. Thorne made $1 million dollars within her first day on the site and $2 million after the first week. She also caused massive refunds after people paid for a nude photo, which in reality was not nude, and therefore many of those subscribers were demanding their money back from OnlyFans. Shortly after, the platform set limits on how much creators could charge for their content and the amount that consumers could give in tips to performers. Additionally, they lengthened the time that performers would receive their income to 30 days. A company that was once a safe space for sex workers to earn their living is now catering to the effects of celebrities. They profit from the audience that these big names bring on to their site, all the while ignoring the concerns of everyday sex workers whose livelihoods depend on the platform. For Bella Thorne, joining the platform is a way to have fun with her sexuality and popularity without the censorship or judgement of platforms like Instagram. She does not depend on that money for rent or food. She experiences little to none of the stigma that sex workers face daily. Her actions did not help the sex worker community, but actually severely hurt a community that is already one of the most marginalized.

What responsibility does Thorne even have in starting these conversations over sexual politics and female sexuality? How should she use her celebrity status and the privilege of millions of followers listening and watching her? One cannot ignore the fact that a lot of this increasing legitimacy of sex work has centered around middle-upper class white women beginning to explore the realms of sex work, while women of color continue to experience the stigma and marginalization of sex work. While sex work may slowly begin to be seen as a proper line of employment, there seems to be an otherness appearing in it, in which it is acceptable for certain women, but deplorable for others to take part in. This normalization is beginning to look more like a gentrification in which white women profit off the work that other women have been doing for decades, which would of course only continue to hurt a large portion of the sex worker community. So, perhaps it was not even Thorne’s place to be the catalyst to start those conversations she wants to have. Her attempt to make that conversation was centered around herself and her own experiences. Instead of reaching out to women already experienced in the industry, she decided to see for herself the inner workings of the industry. But, it is impossible for a celebrity like her to experience sex work in a way that accurately represents the issues that sex workers deal with in reality.

Bella Thorne, however, is not the only celebrity to hop on this trend. The biggest name to recently join the platform is rapper Cardi B, although she won’t be creating sexual content, but rather exclusive content on her life and music. Some other celebrities like rapper Tyga, or YouTuber Tana Mangeau are deciding to follow in Thorne’s direction and make sexual content for their consumers. All of these celebrities can bring waves of fans to the site looking to buy subscriptions for the exclusive content. Whether their selling sex or exclusive updates on music, however, they will be entering a platform that already has plenty of competition for subscribers. Sex workers and musicians depend on their subscriptions from OnlyFans to continue paying rent or buying groceries, especially in the midst of a global pandemic, which are concerns that none of these celebrities would ever have to troubles themselves with. While the platform may be useful for them to promote their albums, have fun with their sexuality, or connect with fans, all their profits are solely pocket money for them. They could accomplish all of those things through Instagram pages with their millions of followers, or with a multitude of opportunities that are not open to the public. Celebrities need to recognize the havoc that they can wreak on the lives of everyday people when they decide to turn their livelihoods into fun experiments on social media.

Ethical Considerations of Deepfakes

computer image of two identical face scans

In a recent interview for MIT Technology Review, art activist Barnaby Francis, creator of deepfake Instagram account @bill_posters_uk, mused that deepfake is “the perfect art form for these kinds of absurdist, almost surrealist times that we’re experiencing.” Francis’ use of deepfakes to mimic celebrities and political leaders on Instagram is aimed at raising awareness about the danger of deepfakes and the fact that “there’s a lot of people getting onto the bandwagon who are not really ethically or morally bothered about who their clients are, where this may appear, and in what form.” While deepfake technology has received alarmist media attention in the past few years, Francis is correct in his assertion that there are many researchers, businesses, and academics who are pining for the development of more realistic deepfakes.

Is deepfake technology ethical? If not, what makes it wrong? And who holds the responsibility to prevent the potential harms generated by deepfakes: developers or regulators?

Deepfakes are not new. The first mention of deepfake was by a reddit user in 2017, who began using the technology to create pornographic videos. However, the technology soon expanded to video games as a way to create images of people within a virtual universe. However, the deepfake trend suddenly turned toward more global agendas, with fake images and videos of public figures and political leaders being distributed en masse. One altered video of Joe Biden was so convincing that even President Trump fell for it. Last year, there was a deepfake video of Mark Zuckerberg talking about how happy he was to have thousands of people’s data. At the time, Facebook maintained that deepfake videos would stay up, as they did not violate their terms of agreement. Deepfakes have only increased since then. In fact, there exists an entire YouTube playlist with deepfake videos dedicated to President Trump.

In 2020, those who have contributed to deepfake technology are not only individuals in the far corners of the internet. Researchers at the University of Washington have also developed deepfakes using algorithms in order to combat their spread. Deepfake technology has been used to bring art to life, recreate the voices of historical figures, and to use celebrities’ likeness to communicate powerful public health messages. While the dangers of deepfakes have been described by some as dystopian, the methods behind their creation have been relatively transparent and accessible.

One problem with deepfakes are that they mimic a person’s likeness without their permission. The original Deepfakes, which used photos or videos of a person mixed with pornography uses a person’s likeness for sexual gratification. Such use of a person’s likeness might never personally affect them, but could still be considered wrong, since they are being used as a source of pleasure and entertainment, without consent. These examples might seem far-fetched, but in 2019 a now-defunct app called DeepNude, sought to do exactly that. Even worse than using someone’s likeness without their knowledge, is if the use of their likeness is intended to reach them and others, in order to humiliate or damage their reputation. One could see the possibility of a type of deepfake revenge-porn, where scorned partners attempt to humiliate their exes by creating deepfake pornography. This issue is incredibly pressing and might be more prevalent than the other potential harms of deepfakes. One study, for example, found that 96% of existing deepfakes take the form of pornography.

Despite this current reality, much of the moral concern over deepfakes is grounded in their potential to easily spread misinformation. Criticism around deepfakes in recent years has been mainly surrounding their potential for manipulating the public to achieve political ends. It is becoming increasingly easy to spread a fake video depicting a politician who is clearly incompetent or spreading a questionable message, which might detract from their base. On a more local level, deepfakes could be used to discredit individuals. One could imagine a world in which deepfakes are used to frame someone in order to damage their reputation, or even to suggest they have committed a crime. Video and photo evidence is commonly used in our civil and criminal justice system, and the ability to manipulate videos or images of a person, undetected, arguably poses a grave danger to a justice system which relies on our sense of sight and observation to establish objective fact. Perhaps even worse than framing the innocent could be failing to convict the guilty. In fact, a recent study in the journal Crime Science found that deepfakes pose a serious crime threat when it comes to audio and video impersonation and blackmail. What if a deepfake is used to replace a bad actor with a person who does not exist? Or gives plausible deniability to someone who claims that a video or image of them has been altered?

Deepfakes are also inherently dishonest. Two of the most popular social media networks, Instagram and TikTok, inherently rely upon visual media which could be subject to alteration by self-imposed deepfakes. Even if a person’s likeness is being manipulated with their consent and also could have positive consequences, it still might be considered wrong due to the dishonest nature of its content. Instagram in particular has been increasingly flooded with photoshopped images, as there is an entire app market that exists solely for editing photos of oneself, usually to appear more attractive. The morality of editing one’s photos has been hotly contested amongst users and between feminists. Deepfakes only stand to increase the amount of media that is self-edited and the moral debates that come along with putting altered media of oneself on the internet.

Proponents of deepfakes argue that their positive potential far outweighs the negative. Deepfake technology has been used to spark engagement with the arts and culture, and even to bring historical figures back to life, both for educational and entertainment purposes. Deepfakes also hold the potential to integrate AI into our lives in a more humanizing and personal manner. Others, who are aware of the possible negative consequences of deepfakes, argue that the development and research of this technology should not be impeded, as the advancement of the technology can also contribute to research methods of spotting it. And there is some evidence backing up this argument, as the development of deepfake progresses, so do the methods for detecting it. It is not the moral responsibility of those researching deepfake technology to stop, but rather the role of policymakers to ensure the types of harmful consequences mentioned above do not wreak havoc on the public. At the same time, proponents such as David Greene, of the Electronic Frontier Foundation, argue that too stringent limits on deepfake research and technology will “implicate the First Amendment.”

Perhaps then it is not the government nor deepfake creators who are responsible for their harmful consequences, but rather the platforms which make these consequences possible. Proponents might argue that the power of deepfakes is not necessarily from their ability to deceive one individual, but rather the media platforms on which they are allowed to spread. In an interview with Digital Trends, the creator of Ctrl Shift Face (a popular deepfake YouTube channel), contended that “If there ever will be a harmful deepfake, Facebook is the place where it will spread.” While this shift in responsibility might be appealing, detractors might ask how practical it truly is. Even websites that have tried to regulate deepfakes are having trouble doing so. Popular pornography website, PornHub, has banned deepfake videos, but still cannot fully regulate them. In 2019, a deepfake video of Ariana Grande was watched 9 million times before it was taken down.

In December, the first federal regulation pertaining to deepfakes passed through the House, the Senate, and was signed into law by President Trump. While increased government intervention to prevent the negative consequences of deepfakes will be celebrated by some, researchers and creators will undoubtedly push back on these efforts. Deepfakes are certainly not going anywhere for now, but it remains to be seen if the potentially responsible actors will work to ensure their consequences remain net-positive.

Under Discussion: Platforms of Power and Privilege

image of megaphone amplifying certains rays from an array of color bands

This piece is part of an Under Discussion series. To read more about this week’s topic and see more pieces from this series visit Under Discussion: The Harper’s Letter.

Many individuals in the public sphere have signed an open letter referred to as the Harper’s Letter. The gist of the letter is that the free discourse of ideas is currently being hampered by what has been called “cancel culture” — the sudden and wide-ranging criticism that individuals in the public eye are subject to when private citizens find their speech or behavior unacceptable. The undersigned of this letter represent all manner of points across the political spectrum and a variety of professions.

The letter itself tends to fixate on contributors who occupy a privileged position in public debate: editors, authors, journalists, professors. In focusing on the figures with high-impact voices in public dialog, the letter misses important features of open discourse. As participants in dialog, there are responsibilities we have to one another as speakers, as contributors to our public discourse. We do not voice opinions, or indeed act, in a vacuum. We speak and operate in contexts where a great deal of our meaning is determined by our intended audience and the conversations we are entering into. In short, what we say and do depend on the world around us for its meaning and impact.

The public figures that signed the Harper’s letter have received public sanction for their speech and behavior, and the letter comes off as a complaint about the public consequences of their own behavior as it does their characterization of public discourse in general. When speaking as a public figure, or occupying a privileged position in public discourse in general, your voice has a context that is open to criticism by a broad audience, and, unfortunately for some, that audience finds their voices wanting.

No one deserves to occupy a particular space in the public sphere in our society, or to be above criticism. No one deserves to be in a privileged position, such as editors, authors, and other media figures who speak to the public. Such figures are open to criticism and bear the consequences for their behavior according to public judgment and standards just as private members of the community do, but at the scale of their privileged position. No one has to listen to them or subject them to “exposure, argument, or persuasion” (as the Harper’s Letter seems to demand of immoral and toxic, misinformed behavior and speech that is particularly damaging to society when amplified by these privileged voices).

We have categories that limit harmful speech, such as “harassment,” “libel,” and “slander” that handle those instances where criticism becomes out of line, but the Harper’s Letter equates publicly criticizing speech or figures being de-platformed with being “silenced.” If one’s livelihood depends on public opinion, then part of their professional expertise is managing their public image, and they have not performed it adequately when they are subject to the amount of public criticism that the undersigned describe.

However, it may be more or less appropriate to take public criticism as the standard by which the speech of individuals should be judged. As public figures, we can, for instance, consider what the standards are for your position as a public figure? Depending on the grounds for the attention and status you have, public criticism may be more or less warranted, or perhaps should have more or less of a degree of impact on your life and career.

An example from the letter regards issues with faculty in universities. On occasion, professors’ scheduled talks at other universities have been met with student protests, making them unable to present their speech. These cases are complicated, as faculty aren’t exactly public figures, but when they are asked to speak, they are being given a voice above other possible speakers — it is not part of their explicit job, and the inviting institution had options for which voices to promote. In that sense, criticism by the audience can be appropriate regarding the speech. Audiences are constituent members of acts of speech, and speakers don’t inherently deserve one. On the wider professional level in academia, your research is judged by your peers, and you are not a privileged speaker or public figure. When your peers find your scholarship wanting, your speech is silenced according to some loose standard. Such an incident happened recently with Daniel Feller, the historian who gave the Plenary Address at the 2020 Shear Conference. Professor Feller drew criticism when his speech diminished the atrocities committed by Andrew Jackson against Native Americans, with many of his peers submitting scholarly evidence countering the points in his speech.

There are further examples where individuals draw criticism for their speech and behavior that are in line with the undersigned’s personal grievances. With individual figures whose careers are primarily in the public sphere, the standards for criticisms can be more amorphous. Whether they should have a career, or whether their place in the public eye should be actively discouraged, could depend on a number of things.

For instance, one complicated example of publicity and criticism concerns businesses and the sudden, large outcry policies and statements can provoke. Large numbers regularly criticize business leaders in and the direction of their profits, calling for their removal from their positions or boycotting their companies’ goods. Chik-fil-A, Soul Cycle, and LaCroix are just a few recent examples. These leaders have a very privileged position; economic realities influence the political reality in an extreme way in the United States. As of 2015, corporations spend more money lobbying Congress than taxpayers spend funding Congress.

It might be helpful to consider other comparisons. Civil servants, for instance, depend on their constituents for their legitimacy. If their voters disagree with anything about their lives, conduct, opinions, or personality, it is sufficient for them to lose their justification for having that position. The grey area here is the connection between celebrity and political role. Often in order to remove someone from their role in politics, public messaging plays a large part and this involves open criticism that damages reputations and employs strategies that are frequently controversial. This is also the feature that makes public criticism and campaigning to remove individuals from the public roles they occupy difficult to parse.

News anchors and other media figures explicitly depend on their behaviors and speech to be understood in particular ways and to meet societal standards where sufficient amounts of their audience approve of their speech and behavior. When their speech and behavior elicits sudden and large public outcry, this is a professional rather than a personal issue, more similar to civil servants than academics.

For artists, the connection between creating art and the celebrity it can bring is more complicated than for civil servants and media figures. If artists take on the mantle of public figure, they also take on the potential for public criticism and blame.

There are two identifiable threads that people find alarming when sudden and marked criticism targets public figures. First, it can seem undeserved, or an overreaction, in which case the outcry seems unjust, or unfairly backing someone into a corner or painting one with too broad a brush. This leads to a defensive response by the object of criticism, and a vulnerable and defensive reaction by some of the audience of the events. The response this engenders denies that the wrongdoing was “all that bad.” It suggests that we should be more tolerant to the behavior that is being called out.

When the defensive reaction elicits a denial of the misstep or outright wrong of the public figure, this can obviously be very problematic. Everyone goes wrong at multiple times in their life be it through behavior, speech, or intention. Public figures *do* go wrong, just as private members of society do. We need to not only acknowledge that, but also take seriously the over-sized impact that public figures have in our society: they influence our communities more than private members do. The increased impact brings with it more responsibility for critical reflection.

It is *wrong* for J.K. Rowling to promote transphobic and hateful positions, just as it is *wrong* for Louis C.K. to commit sexual misconduct. It was similarly wrong for Chik-fil-A to promote damaging and hateful treatment of LGBT+ people. Al Franken lost his political position over allegations of sexual misconduct, and Matt Lauer was removed from the “Today” show due to allegations of rape and sexual misconduct. These examples are of entities that exist in the public sphere, and who faced backlash and criticism based on their expressed views or behavior. Just as there’s not a justification for them to be in the public sphere in the first place, there is not a justification for them to be exempt from losing their place after enough people take issue with their behavior.

Second, it can seem as though there is no possible way to behave in such a way to avoid the strong backlash that some public figures have received. This amplifies the vulnerable, threatened feelings not just among the public figures, but also private members of society who might identify with those behaviors. It may seem that there is no getting away from some types of criticism, of going wrong in some sort of way. And this kind of condemnation cuts off further conversation about repair and progress.

Consider the months in 2019 when many public figures were exposed for having worn blackface in the past. Unfortunately, few who were revealed to have taken part in this obviously offensive and unacceptable behavior took responsibility for their actions. Few admitted to having done something wrong, expressed regret having since learned what made their actions unacceptable, or indicated that they were grateful to those who helped them grow and reflect on their former understanding, etc. The idea that there is no way to respond to criticism or wrong-doing does not help progress or understanding. Again, people will make mistakes. While nearly everyone will not make the mistakes listed here, it could be earnest dialog rather than defensiveness that is the focus when communal moral standards are not met. When private members of society see public figures being castigated, it is an important step past the fear of “cancel culture” to realize that they themselves are not under threat and that most likely they would not do what these figures did in the first place. It is also important to keep in mind that our moral missteps be approached with an attitude geared toward growth and repair.

Adopting such an attitude can be an extremely difficult task. As the Harper’s Letter attests, the criticism that occurs on social media — and that criticism’s real-life consequences — encourage defensive reactions. The threat wielded by such sudden and effective criticism evokes feelings of vulnerability and insecurity. But it is important to remember that it is the place in the public eye, or one’s professional reputation that is under threat, not the person’s safety or even freedom of speech. Further, threatening their place in the public sphere is frequently warranted, especially when their profession confers public status, as with politicians, news anchors, celebrities, etc.

In the end, the discussion of freedom of speech is a red herring that distracts us from our principal target. We should instead be focusing on why individuals receive the attention that they do, and whether the appropriate form of moral engagement when they fail to meet moral standards is to criticize their place in the public sphere. This can result in mutual progress, as opposed to mere removal.

Novak Djokovic and the Expectations of Celebrity

photograph of Djokovic on stage at mic with trophy in front of packed stadium

Novak Djokovic created controversy amidst the coronavirus pandemic. While a vaccine for COVID-19 has yet to be developed, the world No. 1 of men’s tennis expressed resistance to possible compulsory vaccinations for professional tennis players when the tour resumes. “Personally I am opposed to vaccination and I wouldn’t want to be forced by someone to take a vaccine in order to be able to travel,” he said in a live Facebook chat.

Rafael Nadal, the world No. 2, waded into the debate and rebuked Djokovic’s apparent refusal to comply with the potential compulsory vaccination. “If the ATP or the International Tennis Federation obligates us to take the vaccine to play tennis, then we will have to do it,” Nadal said. “It’s about following the rules, nothing more than that.”

Djokovic’s resistance to vaccinations is a manifestation of his both belief in natural healing and prioritization of personal liberty. That he would risk severe penalty or possible cessation of his career, prematurely interrupting one of the greatest runs in the history of men’s tennis—and all of the complimentary millions in prize money and endorsement deals—is telling of how seriously the world No. 1 holds this conviction. That an athlete of such esteem and renown would express this conviction at a turbulent time in the health of the world is nothing short of significant. His public stand against vaccinations for himself represents an ethical dilemma about celebrity morality. This dilemma is reflected in one of his comments: “I have expressed my views because I have the right to and I also feel responsible to highlight certain essential topics that are concerning the tennis world.”

Given his fame and stature, should Djokovic exercise caution in taking moral stands? Does greater fame demand greater responsibility from celebrities? Or should they enjoy the same freedom that normal civilians do to express publicly the views they hold privately?

There are at least three reasons to believe celebrities ought to be constrained by greater responsibility. Firstly, the internet is conducive to a rapid and unfettered spread of information. A comment, phenomenon, or craze can promulgate and take hold of the public psyche before there has been a chance to assess its virtue or utility. Writing for the Journal of Business Ethics, Chong Ju Choi and Ron Berger assert that the internet has allowed the influence of celebrities to extend far beyond their respective industries of work. Now, more than ever, celebrities can be heard and listened to.

Secondly, younger generations in particular are susceptible to the influence of celebrities. Choi and Berger observe that “the younger generation is experiencing a combination of consumer crazes and bandwagon effects.” During a global health emergency, this effect could be rather damaging and dangerous. Many young people were already dismissing the gravity of COVID-19, opting to proceed with their travel plans unabated rather than help to mitigate the virus’s spread. Seeing a world-renown athlete mull over refusing vaccination could help justify their behavior or motivate similar behavior. (However, it does not logically follow from a celebrity’s public expression of a stance that the celebrity’s fans will adopt that stance as their own.)

Relatedly, celebrity morality can confer credibility and cache upon movements that are thought to be dubious. Celebrities have supplanted traditional sources of moral guidance (such as religious figures). Their endorsement is a desirable commodity for any movement. In Novak Djokovic, the anti-vaxx movement has found a spokesperson. Djokovic arguably rivals all celebrity anti-vaxxers and vaccination-skeptics in terms of global fame.

Conversely, there are at least three reasons to believe that celebrities ought not to be constrained by greater responsibility. While the attention of a wide audience and the power of global influence might be a reason to constrain celebrity morality, it is also a reason for precisely the opposite. Those blessed with the megaphone of celebrity can prove to be an effective voice for good. Attention for issues oft-ignored and progress towards a morally righteous end can sometimes only be achieved by the intervention of someone who has many followers. University of Virginia religious studies professor John Portmann argues that celebrities are able to elevate the presence of particular issues, “making ethical and moral debates important” to a public that idolizes famous people.

Among other stars of their time, Sammy Davis, Jr., Nina Simone, and Marlon Brando are credited with increasing the visibility of and spurring on the civil rights movement in the U.S. Ricky Gervais has been lauded for the attention he has brought to animal welfare and his financial support of animal charities. Just recently, former NFL receiver Anquan Boldin commended legendary quarterback Tom Brady for signing his letter asking for the FBI and DoJ to investigate the murder of Ahmaud Arbery, calling the endorsement of such a figure “significant” for the cause of racial equality. The celebrity voice can be the necessary succor that pushes moral goals across the finish line, radically transforming society.

Secondly, if one could develop a comprehensive, incontrovertible, and universalizable standard by which the public moral stances of celebrities could be evaluated and deemed as either morally “Fit” or “Unfit” for public consumption, perhaps then there could be constraints on what positions they take publicly. While that is a ludicrous near-impossibility, backlash against particular stances, such as Djokovic’s, suggest that some critics think there is such a standard. Indeed, celebrity interventions on moral issues tend to draw alarm only if they do not conform with the mainstream, however illusory that may be.

Lastly, fame does not strip celebrities of their membership in society. And as members of society, they ought to enjoy the same freedom to participate in the public debate on moral and ethical issues as those who do not possess their fame.

Since his initial comments, Djokovic has demonstrated an evolution of thought on the matter. In a recent press release, he stated: “I am keeping an open mind, and I’ll continue to research this topic because it is important and it will affect all of us.” This attitude may serve as a useful reminder for the general public, too. The celebrity voice might be simply one thing to consider while researching amidst the cacophony of moral proclamations.

Regardless of the view on expectations for celebrity morality, one thing is true: fame does not endow celebrities with moral authority. Perhaps it is best for the fans to remember that.

Justice and Rodney Reed: Evidence, Sentencing, and Appeal

photograph of Rodney Reed from prison

On the morning of April 23rd, 1996, the body of 19-year-old Stacey Stites was found in a wooded area just off of a road in rural Texas. Stacey had been raped and strangled to death with her own belt. Seven months later, Rodney Reed was arrested for her murder. Reed was convicted of the crime in 1998 and was sentenced to death by lethal injection. The execution was scheduled to take place on November 20th, 2019. On November 15th, 2019, the Texas Court of Criminal Appeals issued Reed an indefinite stay of execution. The stay was issued in a climate of tremendous support for Reed. Celebrities such as Beyoncé, Kim Kardashian West, Oprah, and Dr. Phil all spoke openly and actively about their support for a potential stay in Reed’s case. Politicians who have voiced similar support include presidential hopefuls Kamala Harris and Pete Buttigieg.

When Stites was recovered, DNA was found both in and on her body. All of the prominent men in her life, including her fiancé Jimmy Finnell, were tested and ruled out. Months later, there was another attack. 19-year-old Linda Schlueter was using a drive-up payphone when she was approached by Reed for a ride. She initially declined, but eventually agreed. During the drive, Schlueter reported that Reed directed her down a dark dirt road. When she refused to take that route, Reed attacked her, repeatedly bashing her head against the steering wheel. She reported an exchange with her attacker, “And I asked him, ‘What do you want? What the hell do you want from me?’ And he said, ‘I want a blowjob. And I said, ‘You’ll have to kill me before you get anything from me.’ And he said, ‘I guess I have to kill you then.’” Schlueter saw the lights of a car approaching and was able to exit the vehicle and flee in the direction of the approaching car. Reed drove off in her car, but police were notified and Reed was quickly apprehended.

Police discovered that Reed’s DNA was already in the system because of his connection to the sexual assault of an intellectually disabled woman in 1995, a crime for which he was never tried. Reed denied knowing Stacey Stites, but when his DNA was tested against the material recovered from her body, it was a match. Reed then claimed that he had been having an affair with Stites, but that they were keeping it a secret because Stites was engaged. Once Reed became a compelling suspect in the rape and murder, his genetic profile was tested against other unsolved rapes. It was matched to two unresolved cases—the beating and rape of a 19-year-old woman, and the beating and rape of a 12-year-old girl. When confronted with the evidence in the case against the former, Reed told a similar story of a clandestine relationship. He was never tried in either of these cases. An all-white jury convicted Reed, who is black, for the murder of Stites, who was white. The evidence against Reed has stood up to the scrutiny of nine appeals.

Many people, however, believe that compelling evidence exists that supports the conclusion that Reed is innocent of Stites’ murder. First, if the semen had been deposited as early as the prosecution alleged, one would expect to find more of it. The sample had already degraded somewhat at the time at which it was recovered. The experts at the trial testified that Reed’s semen would not have been present at all if consensual intercourse had taken place more than 24 hours earlier, as Reed had alleged. Those same experts now acknowledge that sperm can actually be present many days longer than they suggested in their original testimony.

In addition, new witnesses have come forward claiming to have knowledge that Reed and Stites were, indeed, having an affair. But many are skeptical of this evidence, since these witnesses did not come forward at any point in the last two decades and did not do so at the crucial stage at which the state was building its initial case, despite the existence of reward money for information that might lead to the arrest of a suspect.

One significant piece of evidence in support of Reed’s innocence concerns Jimmy Fennell, a police officer and Stites’ fiancé at the time of her murder. A new witness claims that Fennell confessed to the murder in private conversation, offering as his motive his rage over the fact that his fiancé had been having an affair with a black man. The witness also claims knowledge that Fennell was an abusive partner to Stites. In the years following Stites’ death, Fennell was convicted of the kidnapping and rape of a different woman, a crime that he committed while on duty as a police officer. He was sentenced to ten years in prison for that crime.

This case raises challenging ethical questions. The first concerns the role that the public plays in high-profile cases. The observation that the public can significantly impact the course of a criminal proceeding is not a new one. In one noteworthy case that inspired the film The Fugitive, Dr. Sam Sheppard was convicted of the murder of his wife. After Dr. Sheppard had spent ten years in prison, the United States Supreme Court overturned his conviction because of the role the untethered media presence and public obsession with the case had played.

Public involvement in notorious criminal cases is not new, but what is new is the scope of its reach. Celebrity commentary, though profoundly lacking in any privileged insight or expertise, can be tremendously influential. If Dr. Sheppard was treated unfairly by the power of public opinion, at least the Internet didn’t exist to make his troubles exponentially worse.

One might argue that the public outcry over this case demonstrates that the speech of celebrities, politicians, and their supporters can be a force for justice. Loud voices outside of the legal system can bring about changes that perhaps never could have happened from within. One of the reasons that free speech is so valuable is that it allows citizens to speak truth to power, and as a result, it may play an important role in rectifying injustices.

In opposition to that consideration, it is important to note that our system is supposed to ensure procedural fairness. Any convicted offender, regardless of their notoriety, can expect to enjoy access to the same procedures to redress injustice in the form of the appeals process. But when the public gets involved, some cases get treated differently from others.

An additional concern has to do with the fact that the celebrities and politicians involved may not always have pure motives for speaking publicly about a particular case. A politician may, in certain cases, want to appear “tough on crime.” In others, they may want to come across as advocates of social and racial justice. A celebrity might speak out about a particular case as a publicity stunt to increase their following. These motivations are likely to be inconsistent with justice for the victims or those convicted of crimes.

This case also raises questions about what type of evidence should serve to exonerate a convicted individual on death row. Some believe that if major aspects of the prosecution’s case begin to unravel, that should be sufficient for exoneration, or it should at least mandate a new trial for the defendant. Others maintain that to justify abandoning the verdict of a judge or jury, there should be evidence of actual innocence. This is a much higher threshold to reach. Criminal trials are costly both financially and in terms of hard work and emotional cost. We simply can’t afford to bring death row cases to trial over and over again. At some point, the decisions of the jury and the courts of appeals must stand. If we are worried that this procedure isn’t reliable enough to ensure that innocent people aren’t put to death, perhaps we should not have the death penalty at all.

People who research this case at home have access to a lot of information about Reed’s past. Crucially, they have access to the fact that Reed’s DNA matched the evidence associated with two additional rapes. When viewed as a complete picture in this way, it is easy to conclude that Reed is not only a violent rapist, but a serial violent rapist. It is important to note, however, that Reed was not convicted or even tried for those crimes. What difference should that make to our assessment of the case against Reed for the murder of Stacey Stites?

Felicity Huffman Sentencing: Justice and Fairness in Punishment

photograph of Felicity Huffman and William H Macy

The college admissions scandal has come into prominence once more this week with the conviction and sentencing of “Desperate Housewives” star Felicity Huffman. In attempting to get her daughter into college, she paid $15,000 to a “charity” controlled by William Singer, a now notoriously corrupt admissions consultant, to have him bribe an SAT proctor to correct her daughter’s answers before submitting the test. For committing “honest services fraud,” Huffman was fined $30,000 and sentenced to 2 weeks in prison, 1 year of probation, and 250 community service hours.

The Washington Post quoted Daniel Richman, a professor at Columbia Law School, as saying “Both those who think the conduct here shouldn’t have been prosecuted and those concerned about special treatment for the privileged are bound to be dissatisfied.” And how could they not? On the one hand, the American criminal justice system is already overfull and overworked. The jails and prisons, too, are near their capacity. Essentially, some say, we are wasting resources prosecuting a first time nonviolent offender who has confessed her guilt and shown remorse.

Indeed, this is the attitude people have toward a variety of “white collar” and “victimless” crimes. However, they are only labeled as such due to the invisibility of the consequences, not due to the consequences actually being nonexistent. Every spot taken by a rich person who arrives there unmeritocratically is potentially a spot that could have been given to someone whose life could be changed by the chance. Those people, though, do not even realize a crime has been committed against them, blaming instead their own supposed insufficiency rather than a corrupt system.

Others dismiss these sorts of crimes because they seem inevitable. If they do not illegally bribe their kids into elite colleges, some say, they will do so through legal donations. But, this is a case of whataboutism. “What about kids getting into college because their parents are donors? Isn’t that unmeritocratic too? We’re not prosecuting those people so why are we prosecuting this woman?” However, we need not choose one or the other. They can be separate discussions, considered consecutively, not simultaneously.

Perhaps those parents getting their kids in via legal donations are doing something immoral too (for discussion see A.G. Holdier’s “The Ethics of Legacy Admissions”). The fact that there are multiple problems to consider does not entail that we may only try to solve all of them or none of them. Each can be considered in its own time. Thus, let us consider the fact that, for her crime, Huffman received what amounts to not even a slap on the wrist due to her wealth. Indeed, the punishment Huffman was given by Judge Indira Talwani sheds light on the disparity of punishment between the extremely wealthy and the rest of us.

The median American’s wealth (not average because that value is skewed by billionaires), according to the Federal Reserve’s Survey of Consumer Finances, is $97,300. Even among those above 75, who have accumulated wealth for the longest, that value is only $264,800. In comparison, estimates for the wealth of Huffman and her husband, William H. Macy, each fall in the range of $20-50 million. Even assuming that minimum value, a $30,000 fine only amounts to 0.15% of their wealth. For that median American, the same fine would encompass 30% of all the money they ever made.

Certainly, this is an “equal” punishment, if “equal” is taken to mean the same numerical value, regardless of place or station. However, the impact on Huffman’s life as compared to some ordinary person is drastically different. A fine of 0.15% of that ordinary person’s wealth would amount to only about $150. That is the impact Huffman feels from the fine she was given. The same goes for her prison sentence and community service requirement. Most Americans have to work for a living and need a clean record to get a job. Huffman and her husband have enough money to live the rest of their lives without acting again. A prison sentence like that and so many community service hours are just annoying for the very wealthy, not life-ruining as they can be for many people of ordinary stature.

“So what?” says the cynic, “College admissions are already corrupt and have little to do with real ability. Huffman did not do anything particularly wrong. The only difference between her and the rest of the upper class is that her bribe happened to be illegal. Donors’ kids get into prestigious universities without the requisite ability all the time. There’s no good reason to waste the government’s time prosecuting cases like these.” The cynic may very well be correct, and, in fact, the judge in the case seemed to agree, saying that the college admissions system “has cracks in it with or without what these defendants have done.”

Regardless of how bad the action was, however, a fair justice system demands that justice be proportional to the crime committed. In Huffman’s case there are two possibilities: either her actions were not of any significance, in which case she need not be prosecuted, or her actions were of significance, in which case she need be punished proportionally. What actually occurred was that Huffman was prosecuted, but given what amounts to no punishment for a minor, but significant, crime. At the very least, a fair punishment for a minor, but significant, crime is a minor, but significant, punishment. However, the nature of sentencing guidelines is such that it does not allow for fines to enact any significant punishment and the alternative, time in prison, seems excessive.

Indeed, it seems inappropriate to put a person such as Huffman behind bars for years for trying to help her daughter get into college with bribes, an action for which she has shown remorse. But, there really is no punishment besides time in prison which can create the same impact of punishment regardless of class. In the case of the crime she admitted to, “honest services fraud,” the maximum fine is $250,000, only 1.25% of her wealth. Now, that percentage of the median wealth actually seems substantial, about $1,200. However, this judgment does not account for another difference between the upper class and the rest.

When a person has millions of dollars, her living expenses are a minuscule portion of her wealth. For most others, living expenses (rent, car payment, gas, food, etc.) take up a much larger portion. In essence, most people cannot pay such a fine without sacrificing some of their basic needs. A proportionally-sized fine for the ultra-wealthy, though, has no impact on their lives. Either fines must be able to cause a proportional impact on the very rich, not simply a flat percentage, or something else valuable must be taken away. For this class of people, the only truly valuable thing they cannot get more of is time. A long prison sentence, regardless of class, has a truly significant impact on one’s life.

As Oren Nimni puts it in Current Affairs, this sort of disparity in punishment,

“fundamentally delegitimizes the entire legal system, by severing the relationship between punishments and their purpose. It makes a joke out of the ideas of both the punishment fitting the crime and equality under the law, two bedrock principles necessary for  “law” to command any respect at all.”

There is plenty of room for discussion about what sorts of crimes ought to be prosecuted, about whether crimes deserve more fines or more prison time, and about the purpose punishment is supposed to serve. However, it seems clear that, regardless of what comes of these discussions, it can be agreed that the impact of a just punishment cannot vary based on class.