
In my recent ethics seminars I have been discussing categories of conduct that are ethical but illegal and legal but unethical. The best example of ethical and illegal is civil disobedience, when a citizen intentionally and openly violates a law to call attention to the law’s (alleged) flaw or flaws, and commences to accept the consequences of his or her crime in order to focus public attention on the injustice. (Clarence Darrow loved civil disobedience…).
Jay Carey received a Bronze Star during the Iraq War, and joined a (misguided) veterans’ protest against the deployment of National Guard troops in the nation’s capital because he has been watching too much CNN or something. What does a North Carolina resident know about crime in Washington, D.C.? OK, he’s probably Trump Deranged and Axis media-brainwashed, but never mind, that’s not the issue here.
The veteran was arrested after burning an American flag near the White House and says he plans on taking his case, if it proceeds, all the way to the U.S. Supreme Court. “Presidents don’t make law, and Congress will make no law that infringes upon our rights in accordance with the First Amendment,” Carey told reporters. Trump’s recent executive order declaring that flag-burning was a crime (EA discussed it here) prompted him to engage in civil disobedience.
“I realized that I needed to, that day, go and burn a flag in front of the White House to have the biggest impact and send the message to the President that he’s not allowed to do that,” Carey explained, He burned the flag in Lafayette Square, across Pennsylvania Avenue from the White House, making sure that his defiance was captured in videos posted on social media.
Carey is seen telling bystanders that the President’s executive order violates the First Amendment. “I served over 20 years in the United States Army,” he said. “I fought for every single one of your rights to express yourself in however you feel that you may want to express yourself.”
In the earlier version of this post, I said at this point, “That’s the way to do it, Jay. The Founders would be proud. Good luck: I think you’ll win this one.” The problem is that as far as civil disobedience goes, at least, Jay did not accomplish his objective. As commenter Chris Marschner points out below, Jay was only charged with lighting a fire in an undesignated area and lighting a fire in a manner that causes damage to real property or park resources. He might as well have been burning New York Yankees pennant. There is no way his case will get to the Supreme Court, and he didn’t manage to violate the pseudo law he was protecting.
So there is one more requirement for ethical civil disobedience: competence. Under stand the law you’re trying to violate. Since Jay Carey didn’t, I can’t really award him an Ethics Hero designation for his attempt. But it was a sincere attempt.