Independence Day Ethics Fireworks, July 4th, 2021: “The Stars And Stripes Forever,” And Other Matters [Corrected]

There are so many important and fascinating things associated with the Fourth of July, and “The Stars and Stripes Forever” is one of them. In his autobiography, “Marching Along,” Sousa wrote that he composed the march on Christmas Day, 1896, on board an ocean liner on his way home from a vacation with his wife. He had just learned of the death of David Blakely, the manager of the Sousa Band and was moved to create his most stirring march—which for Sousa is saying a lot— as a personal tribute. He composed the march in his head, not writing any notes down until he arrived in the U.S. The piece was first performed at Willow Grove Park, a Philadelphia suburb on May 14, 1897, and was an instant hit, as you would expect. An Act of Congress in 1987 made it official National March of the United States of America, so I assume that Gwen Berry hates it too, along with the Star Spangled Banner. (Gwen, arrogant and ignorant social justice warrior that she is, was recently exposed as racist and hypocrite with some old tweets that surfaced. Hilariously, she has defended herself by comparing her plight to that of Justice Kavanaugh, as if 1) she had ever defended Kavanaugh when he was being smeared, 2) there was any verifiable evidence against Kavanaugh as opposed to her smoking gun tweets, and 3) there is no distinction between a 35-year old rumor about a distinguished judge’s conduct as a child and published proof of an obnoxious athlete’s character as an adult. But I digress…)

In show biz, and particularly in the theater and the circus, Sousa’s masterpiece is sometimes called “the Disaster March,” because it was once common for theaters and circuses to have their bands or orchestras play it to alert the audience that there was a dangerous emergency, like a fire. (Yes, it is ethical to play “The Stars and Stripes Forever in a crowded theater). The idea was that the number was a code for staff that allowed them to organize the audience’s orderly exit without causing panic. The march was played, for example, during the Hartford circus fire of July 6, 1944.

One of the strangest and oddly fitting coincidences in U.S. history occurred on July 4th, 1826, when two of the primary architects of American independence, John Adams and Thomas Jefferson, died within hours of each other.

Happy Fourth of July, everyone. Since the very first, the holiday has never been celebrated while under such cultural attack. Don’t let the propaganda of America’s haters diminish one of the most glorious and beneficent days in world history.

1. What do we make of this Gallup poll? In a generally confusing set of results, the one stand-out in the recent Gallup poll regarding public’s perceptions of the state of the pandemic was that 57% of Republicans think its over and only 4% of Democrats do. That’s a huge gap, showing an alarming disparity in world view, perception, attitudes and thought process. I tend to view part of the 4% as confirmation bias: conservatives are far more resentful of the State’s incursions on their personal liberties using the virus as a justification (or an excuse) than the totalitarianism-enabling Left. On the other hand, and there are many other hands here, being certain that the pandemic is over is dumb, since if we have learned on thing about the health care “experts,” they have been wrong as often as right. We have also learned that politics has driven the narrative about the virus as much as the facts have. I thought Democrats trusted science, and the GOP doesn’t. That would suggest that the latter would be more wary of the current green lights.

On yet another hand, Republicans tend to be far less risk averse than modern Democrats, adopting the traditional spirit of the nation that Democrats are in the process of rejecting. Gallup does not give the party- affiliation breakdown of the 40% of those polled who say that the nation will never return to normal. I know lots of Democrats who say now that they plan on wearing masks forever, and no Republican. On the OTHER hand, a non-Democrat could easily conclude that we will never return to pre-Wuhan normalcy because power-wielding Democrats will never allow it.

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“Ethics Dunce” Is Not Sufficient To Describe Frederick County Councilman Kai Hagen

Frederick-County-Sheriff-Chuck-Jenkins-Frederick-County-Councilman-Kai-Hagen

What would be more accurate term? Well, “asshole” comes to mind.

A Frederick County deputy pulled over a vehicle for a tag violation on June 20 when he noticed another vehicle pull up nearby. The deputy reportedly first feared for his life, and that it could be a cop assassination set-up. But the driver of the second vehicle introduced himself as Democratic county councilman Kai Hagen, and he refused to leave the scene until the detained driver, an African-American, acknowledged that he was “OK.” County Sheriff Chuck Jenkins, a Republican, went on WFMD-AM’s “Mid-Maryland Live” last week to condemn the grandstanding Councilman.

“I’m enraged, I’m angry, I was livid when it happened, there’s no excuse for it, it’s unlawful,” Jenkins said. “This is outrageous. Who in the hell does he think he is?” Jenkins added, while noting that Hagen could legitimately have been cited for his actions.

Not could have been, should have. The deputy handled the matter badly, falling for the old “Do you know who I am?” trick. It doesn’t matter who the interloper was. He was interfering with lawful law enforcement.

Hagen then called in to the radio station to explain his conduct, confirming that he had turned his vehicle around and circled back to the scene to ensure that the stopped driver was all right when he noticed his skin color—you know, that he wasn’t being beat up, shot, having drugs planted on him, being made to sing “The Camptown Races” or having his neck knelt on, which we all know is what white cops want to do to blacks.

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July 3: Pickett’s Charge, Custer’s First Stand, Ethics And Leadership

Picketts-Charge--330-to-345-pm-landscape

[I started to write a new post and while doing my research discovered that I would basically be repeating what I posted last year. Thus I am re-posting that July 3 Gettysburg essay as well as the one I attached to it, but with several substantive additions.]

July 3  was the final day of the pivotal Battle of Gettysburg in 1863, reaching its bloody climax in General Robert E. Lee’s desperate  gamble on a massed assault on the Union center. In history it has come to be known as Pickett’s Charge, after the leader of the Division that was slaughtered during it.

At about 2:00 pm this day in 1863, near the Pennsylvania town of Gettysburg,  Lee launched his audacious stratagem to pull victory from the jaws of defeat in the pivotal battle of the American Civil War.  The Napoleonic assault on the entrenched Union position on Cemetery Ridge, with a “copse of trees” at its center, was the only such attack in the entire war, a march into artillery and rifle fire across an open field and over fences. When my father, the old soldier, saw the battlefield  for the first time in his eighties, he became visibly upset because, he said, he could visualize the killing field. He was astounded that Lee would order such a reckless assault.

The battle lasted less than an hour. Union forces suffered 1,500 casualties,, while at least 1,123 Confederates were killed on the battlefield, 4,019 were wounded, and nearly 4000 Rebel soldiers were captured. Pickett’s Charge would go down in history as one of the worst military blunders of all time.

At Ethics Alarms, it stands for several ethics-related  concepts. One is moral luck: although Pickett’s Charge has long been regarded by historians and scholars as a disastrous mistake by Lee, and in retrospect seems like a rash decision, it could have succeeded if the vicissitudes of chance had broken the Confederacy’s way.  Then the maneuver would be cited today as another example of Lee’s brilliance, in whatever remained of the United States of America, if indeed it did remain. This is the essence of moral luck; unpredictable factors completely beyond the control of an individual or other agency determine whether a decision or action are wise or foolish, ethical or unethical.

Pickett’s Charge has been discussed on Ethics Alarms as a vivid example, perhaps the best, of how successful leaders and others become so used to discounting the opinions and criticism of others that they lose the ability to accept the possibility that they can be wrong. This delusion is related to #14 on the Rationalizations list,  Self-validating Virtue. We see the trap in many professions and contexts, and its victims have been among some of America’s greatest. Those who succeed by being bold and seeing possibilities lesser peers cannot perceive often lose respect and regard for anyone’s authority or opinion but their own.

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Unethical Tweet Of The Month And Ethics Dunce: ACLU National Legal Director And Georgetown Law Prof. David Cole

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David Cole, ACLU National Legal Director and Professor at Georgetown University Law Center, tweeted in response to the SCOTUS ruling striking down California’s law making it mandatory for non-profits to disclose the names of their biggest donors,

Cole tweet

Gee, that’s funny! The ACLU filed an amicus brief supporting the majority’s decision in AMERICANS FOR PROSPERITY FOUNDATION v. BONTA, ATTORNEY GENERAL OF CALIFORNIA.

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For Ethics Alarms, The Controversy Over The Unmarried Pregnant Art Teacher Is An Easy Call

pregnant teacher

I lost an ethics training client over the issue now raising its ethically-muddled head in New Jersey. Several years ago, during a day long seminar I taught for a teachers association, I stated that a teacher who taught grade school, middle school of high school students while pregnant and unmarried was harming her students, and that responsible school were ethically entitled to make pregnancy outside of marriage grounds for dismissal. Literally all of the attendees were outraged (even the two men in the group), though none could articulate a valid argument against what I said. (“The right to choose!” is not a valid argument in this context.)

I was right, they were wrong. The controversy now over a Catholic school art teacher who is demanding that she should have been able to keep her job despite being pregnant is much easier, or should be.

Victoria Crisitello was an art teacher at the New Jersey’s St. Theresa elementary school in Kenilworth. In the course of negotiating for a raise, she mentioned that she was having a baby. Weeks later, she was fired by the principal, a Roman Catholic nun, who explained that she was being terminated “because she was pregnant and unmarried.” “Sex out of wedlock violates a fundamental Catholic belief that the school in this instance felt it could not overlook,” lawyers for St. Theresa’s wrote in a petition to the state Supreme Court. Crisitello’s lawsuit was tossed out by two trial court judges, only to be restored each time when an appeals court sided with the ex-teacher. Now the state’s highest court, acting on an appeal by the school, has agreed review the case, which raises the continuing thorny question about the relationship between the government and religion.

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End Of Week Ethics Roto-Rooter…

Roto-Rooter

I was afraid of this: devoting the warm-up to Gettysburg left me with all of these noisy ethics stories hanging around my office and yelling at me. So here are some ethics stories and issues to unclog the drain…

  • The Supreme Court denied certiorari in Arlene’s Flowers v. Washington, letting stand a 2019 decision by the Washington Supreme Court against florist Barronelle Stutzman, the owner of Arlene’s Flowers, for refusing to supply flowers for a same sex marriage. Upon reading the decision of the Washington Court, I was struck by the fact that the plaintiffs were not individuals who had made the request deliberately to force a confrontation with a vendor they knew had religious objections to same sex weddings. Robert Ingersoll had been a regular patron of Arlene’s Flowers for years, so it seemed natural for him to use the shop to supply the floral arrangements for his wedding to Curt Freed. Nor did their truncated conversation involve special requests for any particularly expressive arrangements. Florist Barronelle Stutzman just refused to sell any flowers to the couple for their wedding and reception, and that was it. The case was ruled one of discrimination in public accommodations, and the opinion went to great pains to say that no animus against the defendant’s religion was involved.

SCOTUS turns down cases for many reasons, and in contentious social matters, they often will reject a case that has too much gray, triggering the “hard cases make bad law” principle. Cakes, catering, photographs and flowers at weddings fall in various places along the “commodities/art” spectrum, depending on the specific facts of each case. This one is too close.  The florist wasn’t asked to deliver the flowers or to participate in the marriage in any way. There’s got to be  better case on this topic somewhere. The Court was wise to pass.

And the florist was the jerk here. I don’t have much sympathy for her. Selling flowers to a gay couple doesn’t entail an endorsement of gay marriage, kinky sex, or anything else. Continue reading →

In Americans For Prosperity Foundation v. Bonta, Supreme Court Conservatives Again Defend The First Amendment As Its Left Approves Of Chilling Speech And Association

08-18-17 Free Speech

How did we get to the point where “liberals” want to chip away at the freedoms of speech and association while conservatives defend it? It’s weird: I’m old enough to remember when those mean old conservatives were always trying to silence dissent, not to mention vulgarity and violent TV shows and movies.

But in the final day of the Supreme Court’s term, the 6-3 conservative majority ruled that California—from which all terrible ideas now seem to flow— may not require charities soliciting contributions in the state to report the identities of their major donors. The law was opposed by very unconservative voices like those of ACLU to the NAACP Legal Defense and Educational Fund, and one would think that the alleged liberals on the court would immediately recognize how the law could and would chill free speech. Or don’t they pay attention to the incidents where CEOs have been run out of their jobs for contributing money to anti-gay marriage organizations, to name just one example? It would seem not. This is also weird, for the cancel culture has made simply stating an opinion that contradicts the Woke Borg perilous to one’s career, personal relationships and safety. Is it overly conspiracy-minded to suggest that progressives want it that way, particularly with their success at making wiggly-spined Americans who would make Patrick Henry retch grovel for forgiveness.

Chief Justice Roberts neatly summarized the importance of free association, writing,

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Morning Ethics Warm-Up, 7/2/2021: Remembering The Epic Second Day Of The Battle Of Gettysburg

Little Round Top

On July 2, 1863, during the second day of the Battle of Gettysburg with the fate of the Union and the United States hanging in the balance, Confederate General Robert E. Lee’s Army of Northern Virginia tried to break through the line of General George G. Meade’s Army of the Potomac at Cemetery Ridge, Culp’s Hill and Little Round Top. More than once that day, only luck and chaos prevented July 2 from marking the end of the nation as we know it, and from preserving slavery at least a little longer.

All accounts of the battle on July 2 are full of the word “confusion.” Robert E. Lee ordered Lieutenant General James Longstreet to attack by moving his troops up the Federal left flank while General A.P. Hill’s corps threatened the center of the Union line. If coordinated properly, General George Gordon Meade wouldn’t be able to move his troops to reinforce the Union left, where Lee instructed Lieutenant General Richard S. Ewell to make diversionary attacks and launch an all-out assault if possible. Lee’s plan, if successful, would force the Union army to surrender the positions it held on the high ground south of Gettysburg after the first day of the battle, and the entire Civil War might have been won by the South in a day.

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Friday Forum, Open For Business!

Lots going in the Mad, Mad, Mad, Mad World of Ethics, as usual, so here is the weekly invitation to readers to dive in unfettered by the host’s obsessions and predilections..

Jesus’s Wife: A Depressing Example Of Why American Institutions Are Not Trusted And Don’t Deserve To Be

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Most people younger than me don’t know (or care) that before he was the king of late night TV on “The Tonight Show,” Johnny Carson was the young, engaging host of a pseudo-quiz show called “Who Do You Trust?” I think of that show’s title when, as is increasingly the case, I encounter stories like this one, which is described in excruciating detail in a plaintive article in the Chronicle of Hight Education.. The main facts are these:

—A 2014 Harvard Theological Review article by Harvard Divinity School professor Karen L. King purported to have uncovered an ancient papyrus fragment in which Jesus refers to “my wife.” This, coming after the sensational best-selling novel “The Da Vinci Code” by Dan Brown and its subsequent film version starring Tom Hanks, both of which were based on a fanciful conspiracy theory regarding Mary Magdalene’s alleged relationship with Jesus Christ, understandably caused quite a stir in academia, theological circles, and the popular press.

––King’s article was deemed unlikely to the point of absurdity by many scholars from the moment it was published. “Almost everything we know,” one expert wrote, “about the nature of historical evidence points to forgery.”

—King had failed to take basic steps to vet the manuscript, which she’d provocatively named “The Gospel of Jesus’s Wife.” Worse, two of the journal’s three peer reviewers had decided the papyrus was a fake. Only one had not: an acclaimed papyrologist named Roger Bagnall. Bagnall, however, had helped King draft the very paper the journal asked him to review. This is called a conflict of interest, indeed a screaming conflict of interest. Not only had King identified him in the paper as her primary adviser, but Bagnall had been filmed declaring the papyrus’s authenticity for a forthcoming Smithsonian Channel documentary.

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