Oh Look: The ABA Wants To Circumvent The Second Amendment (Again)…

As a lawyer who has scrupulously avoided joining the American Bar Association (except when a discounted membership allowed me to feel more comfortable when the ABA invited me to speak about ethics at a convention), I found the recent resolution calling for the repeal the Protection of Lawful Commerce in Arms Act, (“PLCAA”), 15 U.S.C. §§ 7901–7903, consistent with what I now expect of the nation’s largest legal trade association. Over the last several decades years, the ABA has moved steadily leftward on the ideological spectrum, and signs that bias had made it stupid began turning up as early as 1987, when four members of the association’s special committee evaluating Supreme Court nominees found the extremely well-qualified Robert Bork, nominated by President Ronald Reagan, unqualified purely because of his conservative judicial philosophy. This gave Senate Democrats the ammunition they need to reject Bork, thus beginning the destruction of a crucial “democratic norm” that Presidents should be able to choose SCOTUS justices as long as they were sufficiently qualified and experienced.

You can read Resolution 604 here. Ten states (New York, California, Connecticut, Colorado, Delaware, Hawaii, Illinois, Maryland, New Jersey, and Washington…do you see a pattern?) have enacted “Firearm Industry Responsibility Acts,” and the ABA, being properly woke, is calling for a national version. The resolution purports to be concerned about a “small percentage” of “irresponsible” gun manufacturers who violate consumer protection or engage in deceptive trade practices, and wants the gun industry’s unique immunity from product liability lawsuits to be narrowed and reformed.

Because the latest resolution begins its arguments with the usual scaremongering statistics compiled by anti-Second Amendment activists—“Approximately 46,000 Americans are killed by a gun every year—approximately 125 people every day,” I find the resolution to be disingenuous, a “camel’s nose in the tent” tactic to make gun manufacturers so vulnerable to lawsuits that the business becomes untenable, and guns become so expensive that the right to bear arms is illusory.

Ethics Musings As The Baseball Season Begins…

Technically the baseball season began last night, but that was just a Yankee game so I decided to hold this post until this morning.

As I wrote to my email pal, the excellent MLB correspondent for the Boston Red Sox Ian Browne, “Well, the new season is upon us! Here’s how sappy I am: just played “Tessie” and got choked up, then looked at my photo of Tony Conigliaro from 1967, and got more choked up. Where the Sox are concerned, I’m always 12-years-old.” And I posted this iconic photo…

… from legendary Game 6 of the 1975 World Series. I was there, but I didn’t see Carlton trying to guide his game-winning blast fair. I was watching, as everyone else was, that ball sail into the night and over the Green Monster.

Baseball takes up a lot of my time, and it’s time I cannot afford, one could argue. Yet I have learned as much about ethics and life from the sport, and particularly the Boston Red Sox’s epic journey through it, than from all other aspects of my experience combined. I have learned about loyalty, bravery, sacrifice, honesty, duty, responsibility, coping with disappointment and finding solace in failure, nobility, respect, the chaos of existence, and that there is always hope, promise and redemption in the future—maybe.

From the EA Trump Derangement Files: [UPDATED!]

The above ahistorical, moronic and infuriating cartoon was posted by a long-time friend and—believe it or not!—a tenured history professor at Georgetown. I am reaching the end of my patience with once smart people deliberately making less-educated people stupid, and for the second time this week (the first was prompted by this Facebook meme) I couldn’t wrestle my fingers to the floor fast enough and responded to my Trump Deranged freind, “Now, you KNOW this is untrue. I know it’s untrue, and I know you know it’s untrue.”

And this is Trump Derangement! People who actually have the education, wit and critical thinking skills to reject false framing and imaginary facts, yet who nonetheless betray their own principles and integrity in order to attack the President. I’m hoping Steve-O-in NJ will gift us with one of his excellent historical retrospectives about how the United States was, at great risk to FDR, aiding Europe in fighting the Germans well before Pearl Harbor, and what the U.S. sacrificed in lives and treasure to indeed rescue Europe as well as that civilization thingy. We also rebuilt Europe with the Marshall Plan and have been bolstering European military defenses ever since.

It’s bad enough for a UK cartoonist to issue that crap, but for a U.S. historian to endorse it? Truly despicable. OK, for me, long friendship plus Trump Derangement and aging brain cells equals forgiveness.

Barely.

UPDATE: There is hope! My old friend the professor reacted to my mild rebuke with a “thumbs up.”

The EA “Imagine” Award Goes To Pope Leo, Who Should Put A Bag Over His Head…

How I wish he had sung it! That would have been funny and maybe entertaining. Otherwise this kind of pronouncement is 100% useless and insulting, while making too many people dumber.

Speaking to executives and staff from Italy’s ITA Airways, the first U.S. Pope proved he could be as fatuous as other Popes by saying, “No one should have to fear that threats of death and destruction might come from the sky. After the tragic experiences of the 20th century, aerial bombings should have been banned forever. Yet they still exist … this is not progress; it is regression!”

Well, if we could have the marshmallow world John Lennon imagined, “nothing to live of die for” and no countries or religion, that might be slightly less ludicrous, but only slightly. Now that I’ve roused those banished brain cells where I store “Imagine,” let me take a few minutes to run “Maxwell’s Silver Hammer” in my mind to cleanse it.

There! Much better!

Ethics And Movie Thoughts Upon My Annual Viewing of “The Ten Commandments”

The only times I have written about one of my all-time favorite movies and guilty pleasures, Cecil B. DeMille’s 1956 epics of epics “The Ten Commandments,” I concentrated just on one aspect of the movie, the most ethical and historically significant part, the striking quote put in Moses’ ( that is, Charlton Heston’s) mouth by seven credited screenwriters.

It comes in the memorable scene where the Pharoah Seti,  played by the great Sir Cedric Hardwicke, asks his adopted son and the man he had wanted to designate his successor why he had chosen to join the Hebrew slaves, and had just told the king, as Moses was confined in chains, that if he could, he would lead his people out of Egypt and against Seti, though he loved the Pharoah still. “Then why are you forcing me to destroy you?” the heart=broken old man exclaims. “What evil has done this to you?”

Moses answers:

“That evil that men should turn their brothers into beasts of burden, to be stripped of spirit, and hope, and strength – only because they are of another race, another creed. If there is a god, he did not mean this to be so!”.

Less that a year before the film went into theaters to become one of top box office hits in Hollywood history, on Dec. 1, 1955, Rosa Parks was arrested for refusing to give up her seat on a Montgomery, Alabama city bus.  On Dec. 6, 1955, the civil rights boycott of Montgomery city buses, led by Rev. Martin Luther King , began. January 1956 saw Autherine Lucy, a black woman, accepted for classes at the University of Alabama in Tuscaloosa, the first African-American ever allowed to enroll.  On Jan. 30, the Montgomery home of Martin Luther King, Jr. was bombed. February 4 saw rioting and violence on the campus of the University of Alabama and in the streets of Tuscaloosa.  On the 22nd of that month, warrants were  issued for the arrest of the 115 leaders of the Montgomery bus boycott. A week later, courts ordered Lucy, who had been kicked out of the school, readmitted, but the school expelled her.

On many civil rights timelines, 1956 is not even mentioned. The History Channel’s civil rights movement time-line leaps from Rosa Parks in 1955 to 1957, when “Sixty Black pastors and civil rights leaders from several southern states—including Martin Luther King Jr.—meet in Atlanta, Georgia to coordinate nonviolent protests against racial discrimination and segregation.” But in 1956, audiences all over America were marveling at “The Ten Commandments,” with its anti-slavery message placed in a religious context over and over again.

This was a civil rights movie with a strong civil rights message packaged as a Bible spectacular, and it could not have been better timed. In fact, I believe it was a catalyst, and remarkably one fashioned by one of Hollywood’s most hard-line conservatives, Cecil B. DeMille, a supporter of the Hollywood blacklist and Joe McCarthy. If there was a 20th Century equivalent to “Uncle Tom’s Cabin,” the novel credited with making previously apathetic citizens aware of the horrors of slavery, it was DeMille’s movie. It could not have been an accident. 

There is a lot of ethics to ponder in the movie, though the nearly four-hour marathon is so full of other distractions that it isn’t a mystery why most viewers miss the  ethical problems involving loyalty, gratitude, whether the ends justify the means, and the burdens of leadership. When Moses is considering giving up his royal status (and likely ascension to the throne of Egypt) to join his people, the Hebrews, as slaves, Moses is asked by Nefertiri (Ann Baxter in a scenery-chewing tour-de-force), his lover and would-be future queen, if he wouldn’t serve his people better by achieving power as an Egyptian monarch than by accepting the fate of his heritage.  I noticed today that my late wife Grace, in one of her rare forays into the comment wars, wrote in part,

“Nefertiri, the witch, had bad advice for Moses. Luckily he didn’t take it. I learned early from my father, who was high in the administration of a Protestant denomination (and a PhD. philosopher), and who could have been elected a Bishop if he had played his cards right. When one day I suggested to him that he should play the right game (stay out of the Civil Rights Movement, e.g., and DON’T do things like march from Selma to Montgomery with Martin Luther King — too controversial at the time), so that he could actually be elected Bishop and then would have the real power to make the kind of positive change he wanted to make. His answer to me was, “I’m only afraid that if I played the game well enough to be elected Bishop, by the time I got there I might have forgotten what I wanted to do with that power in the first place.” God or no God, too few people (like elected officials, e.g.) stop to think what they give up — and who they owe — to get elected, and what it does to their attitudes, ethics, and behavior when they get there. Moses saw the same handwriting on the wall. Stay an Egyptian long enough and pretty soon you’ll start liking it enough to forget your heritage and your grand plans for freeing the Jews.  The courage of Cecil B. DeMille is absolute; and despite the current inability (or because of that inability) for Hollywood to create this kind of uber-spectacular — with all its casting problems and occasional hilariousness — this classic is worth seeing more than once.”

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From the EA Res Ipsa Loquitur Files…

Yeah, I think the ethical values of this popular reality show star are…wanting. I’m going to go out on a limb here and state that.

Taylor Frankie Paul, the TV reality star who had been tapped by…Disney! You know, that paragon of virtues that parents want their children to be inspired by?— to lead the new season of “The Bachelorette” slated to premiere this weekend, was featured in a viral video sent to social media showing her attacking the father of one of her children. She is facing a domestic violence investigation; Paul had previously pleaded guilty to aggravated assault years ago.

Annette Funicello she isn’t.

Disney made the decision to pull the premiere. Good call.

It amazes me that popular culture has reached such depths that a women capable of behaving like this could be a star of a television show, even one as stupefyingly cretinous as “The Bachelorette.”

In 1958, Edward R. Murrow gave an eloquent and angry speech about how the TV networks were failing the American public, society and the culture, and how a great opportunity was being squandered. Near the end, Murrow said,

“This instrument can teach, it can illuminate; yes, and even it can inspire. But it can do so only to the extent that humans are determined to use it to those ends. Otherwise, it’s nothing but wires and lights in a box. There is a great and perhaps decisive battle to be fought against ignorance, intolerance and indifference. This weapon of television could be useful.”

The hilarious part, and also the tragic part, is that the television fare that Murrow was deriding in 1958 looks like “King Lear” compared to the “Three Stooges” level of culture being offered today, and the 1958 schedule was loaded with crap like insipid panel shows, too many Westerns and lame sitcoms with names like “Love That Jill.” (Disney also offered a series called “Annette.”) TV news, naturally the main focus of Murrow’s aspirations and lament, today has sunk to the Disney sponsored muck of “The View.”

Ethics Dunce: President Trump. Again.

He’s the President of the United States, and thus, I have determined, must be disqualified as a beneficiary of “The Julie Principle.” (“Fish gotta swim, birds gotta fly, Trump’s gonna say stupid and self-destructive things by and by…”) What an infuriating, unteachable, incorrigible man he is!

From the New York Times, just reporting facts for once:

“President Trump claimed on Monday that a former president told him privately that ‘I wish I did what you did” in attacking Iran and killing its supreme leader, Ayatollah Ali Khamenei.

“Speaking to reporters at the White House, Mr. Trump would not identify which of the four living predecessors he was referring to.

“He said, ‘I wish I did what you did,’” Mr. Trump said. “I don’t want to get into ‘who,’ I don’t want to get him into trouble.”

A reporter asked if it was President George W. Bush, the only Republican on the list, but Mr. Trump said no.

What an asshole…but I repeat myself. If it wasn’t Bush, and of course it wasn’t because the Bushes all hate Trump, and we know it wasn’t Obama, whose approach to Iran was to give back billions of dollars and “trust” it the untrustworthy, Machiavellian Islamic nation. We know it wasn’t Biden either. who, if he tried to talk to Trump would only be able to get out “Bvuh?” or something similar.

That only leaves Bill Clinton, who in fact might have shared such a confidence with Trump. Naturally all the speculation on which Ex-POTUS confessed his regrets has fallen on Bubba. Also naturally, Clinton denied that he said anything of the sort.

Of course he did! We know Clinton: he would deny it if he didn’t say it, and he would deny it if he did. He’s like those competing tribes in the old conundrum, where the members of one tribe always lie and the members of the other always tell the truth. If you ask the members of either tribe “Will you lie to me?” both will give the same answer: “No!”

So there are two alternatives, both of which are unflattering to Trump. Either Clinton confessed his regrets in confidence, and Trump betrayed that confidence, or Trump is lying.

Well done, Mr. President.

Jerk.

The Classic Ethics Problem That Isn’t As Hard As Everyone Thinks It Is…

I’ve been hearing and reading debates about the old (1884) criminal case The Queen v. Dudley and Stephens since law school, and I must say, I’m a bit sick of it.

A wealthy lawyer from Australia purchased bought a yacht named the Mignonette and hired a Captain Dudley to sail it to him it from England. Dudley and his three crew members encountered a violent a storm off the coast of Africa, and the Mignonette was swamped. Its captain and crew escaped in a lifeboat with minimal provisions. After more than three weeks adrift, the captain decided that all of them would die of hunger and thirst unless extreme measures were taken, so he took them. He decided that cabin boy Richard Parker, a 17-year-old orphan, should be slaughtered and eaten. The captain’s reasoning: Parker was already delirious from drinking seawater, so he was deemed the weakest and least likely to survive anyway. The three men killed to boy, collected his blood in a bailer and drank it, then removed his heart and liver and ate them.

It worked! They were rescued in time, just a few days later in fact. Dudley and the First Mate Edwin Stephens were also prosecuted and found guilty of murder, a result that was considered revolutionary, since resorting to cannibalism in such dire circumstances was considered a normal course of action, “the custom of the sea.” In the U.S. at the time, the courts widely accepted the “necessity doctrine,” which excuses some illegal acts if they are performed in good faith to prevent a greater harm.

Personal Taste Ethics

In a Sunday post on Powerline, Scott Johnson, an unrepentant Hall & Oates fan, begins a review of a recent John Oates concert by writing, “John Oates is one-half of what is generally recognized as the most successful duo in music history.” And thus did he fall into the eternal trap awaiting those who state matters of personal taste as fact.

I’ve fallen into it myself. It is hard not to: once your mind has locked itself into an opinion about what is “best” and what/who/where is better than whatever/whoever/wherever, confirmation bias takes over, and objective thought is nearly impossible.

Johnson was, as I knew the second I read that sentence, dragged to the metaphorical woodshed by his readers. Wrote one, in the second comment on the post, “John Oates is one-half of what is generally recognized as the most successful duo in music history? Maybe by sales. But in terms of their work, let me introduce you to the music of Simon & Garfunkel. Then the Everly Brothers. Then the Carpenters. Then Ike & Tina Turner.” Another wrote, “My guess is that Scott included that appraisal just to raise some feathers.
‘Maybe by sales.”‘Actually, I’d guess that the first three you mention sold way more records than Hall and Oates. Musically speaking, my candidate for the most successful duo might be Steely Dan, which, for most of its tenure, was really the duo of Donald Fagen and Walter Becker with various backing musicians.”

Next came this: “Yes to Simon and Garfunkel. Yes to Phil and Don. No to the Carpenters and heck no to Ike and Tina.”

Now in my case, and by my tastes, I would rank Simon and Garfunkle way ahead of Hall and Oates, and the Everly Brothers as well. No, of course The Carpenters aren’t in the same league, though Karen Carpenter was the greatest vocalist ever to sing with any rock or pop duo. Another group didn’t last as long, and perhaps this is because my college room mate played their Greatest Hits album day and night, but I rank the Righteous Brothers ahead of Hall and Oates as well.

Such absolute verdicts also risk being incomplete and ill-informed because of bias blindness. I wondered about another duo who made their mark in the decidedly uncool genre of “easy listening” music, but they were damn good, and lasted a long time. The piano duo Ferrante & Teicher recorded over 150 albums, were fixtures on the variety TV shows of the Fifties and Sixties, and sold over 90 million records worldwide during their career. From the 1950s until they retired in 1989, they earned 22 gold and platinum records, dwarfing the output of both Hall and Oates and Paul and Artie.

You have to admit, as that video of them playing one of their biggest hits, “The Theme From Exodus,” the piano boys did what they did as well as it was possible to do it, for a long time, and with a lot of admirers.

Remembering the Alamo, Davy Crockett, and the Butterfly Effect

The Alamo fell just before dawn 190 years ago today. An estimated 220 men died in the furious attack by would-be Mexican emperor Santa Ana’s army of 5,000: once it breached the walls of the fortified mission, a massacrec commenced that was over in 20 minutes.. The defenders had come from many states, territories and nations, and eventually they knew they were going to die if they stayed. Only one of them, Lewis Rose—maybe—decided to leave. Even the messengers sent out by William Barrett Travis to seek rescuing troops returned to the Alamo knowing hope was lost, and they they would be killed. After 13 days, during which the Alamo was pounded by cannon fire, forcing the men to spend the night making repairs, the battle was over. But those 13 days gave Texas General Sam Houston time to raise the army that would defeat of Santa Ana at the Battle of San Jacinto.

Ethics Alarms has posted ethics essays about the Alamo almost every year since the blog began. It is my favorite U.S. historical story, mixing drama, legend, ethics lessons and fascinating personalities, notably Jim Bowie, Travis, and, of course, Davy Crockett. Here is my first post about Davy, from March of 2010, posted to mark the passing of Disney legend Fess Parker, whose portrayal of the frontiersman on TV brought Crockett out of the historical shadows.

Crockett was the most important casualty of the battle, because at the time of his death he was the first modern celebrity, famous in part for being famous, celebrated by dime novels and sensational, and fictional, stage plays. His death focused public attention on Texas as nothing else could. Actress-singer Zendaya is the most popular celebrity in the U.S. today: imagine what the public reaction would have been if an Iran-backed terrorist attack had eliminated her. (Try to imagine it without reflecting on the relative values of a nation whose top celebrity is Zendaya as compared to a nation whose children idolize “The King of the Wild Frontier”). In that 2010 post I wrote in part,

“Like another iconic figure who once portrayed him, John Wayne, what Davy Crockett symbolizes in American culture matters more than his real life story. He built a reputation for being the perfect example of the rugged American individualist, standing tall for basic values, especially honesty and courage, while keeping a sense of humor and an appetite for fun.  In his doubtlessly ghost-written 1834 hagiography, “Narrative of the life of Colonel Crockett,” Crockett stated his credo as

“I leave this rule for others when I’m dead: Be always sure you’re right–then go ahead.”

It is as good an exhortation to live by the ethical virtues of integrity, accountability and courage as there is, and it gained great credibility when Crockett remained in the Alamo to die defending a nascent Texas republic, in complete harmony with his stated ideals. Battling for right against overwhelming odds,remaining steadfast in the face of certain defeat, never complaining, never looking back once he had decided to “go ahead,” Crockett’s legend is a valuable and inspiring, if not always applicable, example for all of us when crisis looms. Nobody who ever saw the final fade-out of the Disney series’ final episode, with Fess Parker furiously swinging “old Betsy,” Crockett’s Tennessee long rifle, like a baseball bat at Santa Anna’s soldiers as they swarmed over the walls, ever forgot the image, or mistook what it meant. Davy knew he was going down, but he would fight the good fight to the end….”

They don’t teach the Alamo in schools any more except in Texas, and the woke historical revisionism of the battle casts it as a minor event and even a shameful one, since many of the Texas settlers Mexico invited to settle its Texas territory brought slaves with them. In our “1619 Project” World they were fighting for white supremacy against a brown army.