Tuesday, May 24, 2022

Capitalism and Free Expression

Curmie was mostly done with this essay prior to learning of yet another school shooting, this one with a death toll of at least 21, about six and a half hours west of Chez Curmie.  That situation is, of course, most on all our minds at the moment.  Going ahead with this post, Curmie admits, is in part an avoidance mechanism, because he just doesn’t want to deal with the fact that the politicians, especially but not exclusively on the right, have prioritized campaign contributions from the NRA above the lives of schoolchildren (and teachers).  I just don’t want to wrap my head around that right now.


A few glimpses at the uneasy alliance between capitalism and free expression: three stories from this month.

#1.  Lufthansa’s Unconscionable Anti-Semitism.  So, apparently a few orthodox Jews refused to wear face masks for a Lufthansa flight from Frankfurt to Budapest earlier this month.  Many US Jews started their journey in New York and were changing planes in Frankfurt to continue on to a Budapest flight.  Many if not all of these people were on a pilgrimage to the small town of Bodrogkeresztúr as part of an annual commemoration on the anniversary of the death of Grand Rabbi Yesha Steiner, who died in 1925.

(Curmie has some experience with changing planes in a German airport… with a traveling companion from a country from which, at least at the time, Germany required a visa, even if all you were doing was changing planes.  Not the most fun travel experience in my life.  But I stray…)

We can disagree, Gentle Reader, about whether mask-wearing is a medical necessity, an essentially useless exercise in virtue-signaling, or somewhere in-between, but the fact is that both nations and corporations are free to set their own rules.  Don’t wear a mask; don’t get on the plane. Simple as that.  So Lufthansa staff enforced the rules, and did not allow those passengers to board.  So far, so good, right?

Well, they took the policy a little further than that.  Citing the article linked above:

Lufthansa staff allegedly blocked all passengers who were visibly identifiable as Jewish from boarding their connecting flight, German daily Frankfurter Allgemeiner Zeitung reported.  Local German media reported that the staff excluded those passengers who were recognisable as being Jewish because they were wearing skull caps or had sidelocks.

This would be a German corporation, in Germany, deciding that all Jews, not just those refusing to obey the rules, present a problem to public order and must be quarantined, lest they… well, whatever nefarious thing they might do.  Not the best of looks, there, Lufthansa.

Naturally, whether out of honest conviction or risk minimalization, the highers-up at the airline and the local pols scrambled to apologize.  Lufthansa proclaimed “zero tolerance for racism, antisemitism and discrimination of any type,” and the anti-semitism commissioner for the state of Hesse asserted that “this is discriminatory and not a trivial matter, and all the more reason why the company’s top management should also feel personally responsible for apologising for this incident and taking a clear and unequivocal stand.”

Sure.  Unsurprisingly, the Anti-Defamation League is unconvinced of the sincerity of the corporation: “This non-apology fails to admit fault or identify the banned passengers as Jews. It also refers to them as a group, even though many were strangers. They had one commonality—being visibly Jewish.”

Curmie knows little to nothing about German law—whether there were criminal offenses committed or whether Lufthansa can be sued in a civil case.  But he does know this much: Lufthansa had better do a full-scale investigation culminating in firing the offending employees—at the very least the supervisor who was recorded saying “everyone has to pay” for the handful of Jews who violated the mask order, “it’s Jews coming from JFK…. Jewish people who were the mess, who made the problems ... just for this flight.”   If not, they will not only lose all credibility as an ethical corporation, but they will also be lucky to escape with only eight figures of lawsuit payouts.

#2.  Netflix and the Warning Shot.  There’s no one to cheer for in this one.  Netflix, which recently underwent the first quarter of declining subscriptions in a decade, is still flexing its corporate muscles, sending what one headline calls a “warning shot at its woke employees” who objected (for example) to the network’s continued affiliation with Dave Chappelle, whose comedy special those employees regarded as transphobic.

Here are selections from the “Artistic Expression” section of the new corporate culture memo:

Not everyone will like — or agree with — everything on our service….  While every title is different, we approach them based on the same set of principles: we support the artistic expression of the creators we choose to work with; we program for a diversity of audiences and tastes; and we let viewers decide what’s appropriate for them, versus having Netflix censor specific artists or voices….

As employees we support the principle that Netflix offers a diversity of stories, even if we find some titles counter to our own personal values. Depending on your role, you may need to work on titles you perceive to be harmful. If you’d find it hard to support our content breadth, Netflix may not be the best place for you.

Things get a little vexed on the free speech arena here.  Some topics are inherently not funny; others bother only those who need more bran in their diets.  Curmie has never found Chappelle even moderately entertaining, so, not having seen the Offending Object, is ill-positioned to comment on the extent (or existence) of its offensiveness.  But, of course, although the brouhaha seems centered on a single offering—Netflix’s original fare is largely progressive in tone.  Those on the right who cry “Woke” may do their cause little good, but they’re not fundamentally wrong.

Netflix is, above all, a business concern.  They want to make money for their investors and employees alike.  They’re going to buy the programs they think will attract viewers and not the ones they think won’t do so.  That’s the way it works.  If enough people want to see a Dave Chappelle special, it’s going on Netflix.  Same goes for projects like “Don’t Look Up,” another show Curmie hasn’t seen, but which his more conservative friends decry as leftist propaganda.  Perhaps it is; Curmie won’t care unless he’s forced to watch it, and for all the attempts from left and right alike, we aren’t there, yet.

It is tempting, of course, to grant at least some sway to the Netflix employees who are legitimately offended by the network’s offerings.  They—at least some of them—do not want to be associated with programming they cannot support.  (Others, let’s be real, live to be offended.)  But we’re not talking about a closed system here.  As Netflix’s recent hemorrhaging of subscribers, largely due to competition from Hulu, Disney+, etc., suggests there are other employers out there.  Capitalism as practiced in the US falls well short of a perfect system, but it’s the one we’ve got, and failing to recognize that reality just isn’t a good place from which to start an argument.

#3.  Not content with being censorious asshats (the usual hat-tip to Ken White for the felicitous phrase) in public schools, a gaggle of right-wing pseudo-Christians with a desperate need for increased fiber intake have shifted their focus to Barnes & Noble.  According to a couple of second-division pols looking to boost their images with the yahoo set, the Virginia Beach Circuit Court found “probable cause that the books Gender Queer and A Court of Mist and Fury are obscene to unrestricted viewing by minors.”

Curmie asks you to note, Gentle Reader, that whereas we all make typographical mistakes from time to time, the quotation above is a grammatical and syntactical nightmare.  It was written and posted on Facebook by a lawyer, Tim Anderson, who apparently passed law school without making a stop at 6th grade English on the way.  (He mentions “parent consent” later in the same post.)  More to the point, it hasn’t been corrected in the ensuing week, suggesting that he believes what he has written makes any damned sense.  The one thing that is clear is the not-so-veiled threat to file (or encourage others to file) nuisance suits like this all over the state: “Suits like this can be filed all over Virginia. There are dozens of books. Hundreds of schools.”  Oh, jolly.

Barnes and Noble is hardly Curmie’s favorite store, but they responded with the only logical statement: that they carry “thousands of books whose subject matter some may find offensive…. We ask that our customers respect our responsibility to offer this breadth of reading materials, and respect also that, while they chose not to purchase many of these themselves, they may be of interest to others.”

An important point is made in an article on the Book Riot site: and not merely that “Neither book fits the definition of obscene and neither book is pornography.”  Rather, they note that “As a private business, they are not only allowed to sell what they wish to sell, but they are under no obligation by anyone to move materials out of their facilities. Further, no private business like the bookseller would simply ‘supply’ books to the school district.”

The books in question, by the way, are (of course) recommended by the American Library Association as being of particular interest to… you guessed it: teens.  And, of course, there’s little that will do more to stimulate the adolescent mind into curiosity than the allure of delicious naughtiness.  As the recent soar in sales for Maus after it was banned by a Tennessee school board demonstrates, the adage about there being no such thing as bad publicity seems at least as true as ever. 

But, easy as it is to make fun of the Bible-thumping hordes who seek to ban books they haven’t even skimmed, it’s also true that there are such things as legitimate concerns… they just don’t seem to be applicable here.  What is available to the general public—books, movies, whatever—ought only to be off limits if there is real consensus, not if just the wackadoodle puritans don’t like it.  Requiring a text for classes is a different standard, but simply having teens (or anyone) have access to material is essential to a society that is actually free.

What we’re seeing isn’t a dystopian novel—not 1984 nor Fahrenheit 451—but it does seem like the first chapter of a prequel to those books, and that is quite scary enough.

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