The School, the Flag, and Cinco de Mayo

It has been almost a week since Cinco de Mayo, and I’m still not sure how to assess the conduct in this story.

A group of five students at Live Oak High School in Morgan Hill, California were told by a school administrator that their American flag bandannas were “disrespectful” to the Hispanic students at the school celebrating Cinco de Mayo, and that they either had to remove them or leave. After their parents were called in to discuss the matter, the boys decided to leave.  As you might imagine, this was an instant politically-charged custom-made for Fox News. The school district issued a statement saying that it didn’t agree with the administrator’s handling of the situation.  The boys issued a statement affirming their support for American patriotism, and asserting that they felt  discriminated against and robbed of  their First Amendment rights. Then, the next day, about 85 mostly Hispanic students staged a noon protest march through Morgan Hill to express their support for the administrators.

Were the students wrong to wear American flags on a day that Mexican-American students were celebrating Cinco de Mayo? Was the school wrong to send students home for wearing apparel that featured the American flag? Is it ever fair to treat the American flag as inappropriately provocative in the United States? Continue reading

Next: Paramilitary “Jolly Rancher” Raids?

“No tolerance policy” is clearly a misnomer: what it appears to mean in practice is “self-designed trap to expose the incompetence and lack of basic fairness of school personnel. According to that definition, “no tolerance” polices are working extremely well.

For example, an Orchard, Texas third-grader at Brazos Elementary was given a week’s detention for first-degree possession a Jolly Rancher. The school’s principal and superintendent said they were simply complying with a state law that limits junk food in schools. The miscreant, Leighann Adair, 10, was eating lunch  when a teacher saw the candy and confiscated it. Her punishment is that she must be separated from other students during lunch and recess for the rest of the week. Continue reading

Being Fair to Elena Kagan

The long knives are already out for Solicitor General Elena Kagan, now the latest Supreme Court nominee. Once, before the late Ted Kennedy shamelessly accused Robert Bork of being a racist, a sexist and a monster to boot, U.S. Presidents were accorded the respect by both parties in the Senate have confirmed whoever they chose for the High Court, unless the choice was so cynical or politically tainted as to demand defeat. No more. Now each nominee has to thoroughly debase herself or himself by denying the political philosophies that produced his or her nomination in the first place. The first casualty of the nomination process is integrity.

Is it too late to go back? Is it too late to be fair? Continue reading

San Jose State, Blood, and Misguided Ethical Absolutism

The Food and Drug Administration will not permit you to donate blood if you have engaged in certain high risk activities associated with a greater likelihood of contracting the HIV virus.  This includes same-sex intimate relations between men. “FDA’s policies on donor deferral for history of male sex with males date back to 1983, when the risk of AIDS from transfusion was first recognized,” says the agency’s website. “A history of male-to-male sex is associated with an increased risk for the presence of and transmission of certain infectious diseases, including HIV, the virus that causes AIDS.”

Officials at San Jose State University regard this as invidious discrimination against gays.  For that reason, the University has banned blood drives at the school in protest of the F.D.A. policy since 2008, and has announced that the ban will continue. The school’s logic is simple, or perhaps simple-minded. Banning men who have sex with men from donating blood constitutes discrimination, and discrimination is always bad. Thus San Jose State, a good school that abhors discrimination, will maintain its virtue by refusing to participate in a discriminatory practice. Continue reading

The Amazing Segregated Field Trip

Dicken Elementary School in Ann Arbor decided to take only its African American students on a field trip to meet and listen to a rocket scientist, leaving all the white students behind. When the parents of some of the white students excluded from the trip complained, the school’s principal replied, in part:

“The intent of our field trip was not to segregate or exclude students as has been reported, but rather to address the societal issues, roadblocks and challenges that our African American children will face as they pursue a successful academic education here in our community.” Continue reading

What Hugo Alfredo Tale-Yax Can Teach America

The one with the premium-grade ethics alarms bled to death on the sidewalk. The people who never had them installed at all took pictures. Is this the way it’s going to be?

Hugo Alfredo Tale-Yax was a Guatemalan immigrant who lived in Queens, New York. His life was a mess; he was destitute, ill, and had no job or likelihood of getting one. When he saw a knife-wielding man apparently assaulting a woman on the street two weeks ago, however, he knew what his ethical obligations were. He rescued her by intervening in the struggle, and got stabbed, badly, for his actions. The attacker ran off, and so did the woman, who didn’t check on Hugo after he fell, and  never contacted the police. She also neglected to say, “Thanks for saving my life.” Continue reading

Misrepresentation, Manipulation and Lies About Arizona, E-Mails and More, Brought to Us By Those We Trust

Within a span of about three minutes two days ago, I heard Tony Kornheiser on his sports radio show and Joy Behar on her whatever-the-heck-it-is cable show describe the new illegal immigration statute in Arizona in almost exactly the same words: “So the police can go up to anybody for any reason at all, ask them to prove their citizenship, and arrest them if they can’t.” Now, the law specifies “reasonable suspicion,” so whatever the Arizona law permits, Tony and Joy’s version is clearly not it. Nonetheless, this is what a large proportion of the public believes, because this is what they are being told by reporters, bloggers and elected officials…and, disgracefully, the President of the United States, who once pledged to use his gifts and power to unite rather than divide us. Speaking about the Arizona law, Obama said.. Continue reading

The Ethics Of Harvard’s “Racist E-mail” Scandal

The whole sad, sordid story of a Harvard Law student’s racially provocative e-mail that is now circling the web like the deadly virus in The Stand can be read over at Above the Law. The simple facts are these: At a dinner discussion at Harvard Law School, a law student expressed openness to the possibility of future research showing that blacks were, as a group, genetically inferior to whites in intellectual ability. After dinner, she made a fateful decision to elaborate on her views in an e-mail to two “friends” who had been involved in the discussion.

The e-mail said, in part…

“…I absolutely do not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent. I could also obviously be convinced that by controlling for the right variables, we would see that they are, in fact, as intelligent as white people under the same circumstances. The fact is, some things are genetic. African Americans tend to have darker skin. Irish people are more likely to have red hair…” Continue reading

Complaint Ethics, With A Dash of Bias

My wife had to deliver some documents to my son’s school, one of those large mega-magnet schools that are locked up tighter than Alcatraz during school hours to keep out drug-dealers, assassins, and street  mimes. After being blocked at “Entrance One” by a big guy in shades and a starter jacket (he looked like a club bouncer), she was sent to “Entrance Two.” There she encountered another security obstacle, a desk commanded by an imposing looking woman. There were four others seeking access. One of them, a suited gentleman, presented identification. One was identified by the woman at the desk as someone “who went to school here last year,” and he was allowed to pass the checkpoint on her recognizance alone. Another woman, who said she was a parent, also said was there to pick up something. She had no I.D., however “I’m not going to make you go back for your purse,” she was told. “Go on in.” My wife, also without her purse, was told she did have to present I.D., and had to hike back to the car and return with her driver’s license.

Should my wife report this arbitrary and obviously flawed execution of security procedures to school administrators? And a harder question..

Should she make an issue of the fact that both the woman at the desk and the parent she allowed to pass without I.D. were African American, and my wife is not? Continue reading

History Lesson: Stephen Ambrose

Over the past two decades, historians have gone from obscure scholars to media stars, as the 24 hour news cycle prompted TV news shows to bring the best-selling non-fiction authors out of the archives into the studios. There the masters of the past were suddenly opining on the present, as the likes of Douglas Brinkley and Doris Kearns became as ubiquitous as Pat Buchanan or George Will. The supposed wisdom and solemn reliability of historians has put them in other unlikely roles too, such as Truman biographer David McCullough lending his soothing baritone to the narration of Kan Burns’ epic Civil War documentary.

One of the catalysts for this development was the late historian Stephen Ambrose, who hit on a formula to make history both provocative and lucrative.. Ambrose turned himself into the troubadour of World War II, inspiring dramatic renditions of his books, such as “Band of Brothers,” and launching a “Greatest Generation” industry. Shortly before Ambrose died in 2002, a brief scandal erupted when it was revealed that one of his histories was significantly plagiarized (Kearns had one of her books similarly discredited), but he handled the potential disaster deftly, admitting that he inadvertently published some verbatim notes, and died soon enough thereafter that the scandal did little to suppress sales of the “Band of Brothers” DVDs. The truth was, however, that more than one of his books stole from other sources.

Now new evidence is making it clear that Ambrose, the historian pop star, was indeed a full-fledged fraud, raising the question, “Who are these guys?” And why should we trust them? Continue reading