Old Glory

Old Glory

NBA Quiz: What rookie has the 2nd highest scoring average with

a 31.6 mark compiled during the 1961-62 season? [Wilt is 1st at

37.6 in 1959-60] 2) Michael Jordan entered this season with the

longest consecutive game streak of 10 or more points, 840,

which was finally snapped after about 20 games this year. Who

is #2 at 787? Answers below.

The American Flag

Like all of you, I have been pleasantly surprised at the unity the

nation continues to show post-9/11. Of course we haven”t been

asked to really sacrifice at all and there have been no follow-up

attacks, thankfully, but inevitably, the day will come when some

dirtball will test our patience, doing something like burning the

American flag. So, from a historical perspective, here are a few

thoughts and facts.

It was President James Monroe in 1818 who finally standardized

the appearance, mandating that the flag have 13 horizontal

stripes of alternate red and white, with stars in a blue field, one

for each state. Until then, there were guidelines, but nothing

formal.

In 1831 Captain William Driver unfurled a flag as his brig was

setting sail for the South Pacific and declared, “I name thee Old

Glory.” It stuck.

In 1907 the Supreme Court upheld in Halter v. Nebraska a law

preventing the flag from being put on mercantile objects, ruling

that “such a use tends to degrade and cheapen” it.

Then in 1940, the High Court upheld a state statute making it

compulsory for school children to salute the flag, a case known

as Minersville School Dist. v. Gobitis. Justice Felix Frankfurter

opined, “We live by symbols (and) the flag is the symbol of our

national unity, transcending all internal differences, however

large, within the framework of the Constitution.” But 3 years

later the Court reversed itself in West Virginia Board of

Education v. Barnette. Justice Robert H. Jackson ruled for the

majority:

“There is no mysticism in the American concept of the State or

of the nature or origin of its authority. We set up government by

consent of the governed, and the Bill of Rights denies those in

power any legal opportunity to coerce that consent. Authority

here is to be controlled by public opinion, not public opinion by

authority.

“The case is made difficult, not because the principles of its

decision are obscure, but because the flag involved is our own.

Nevertheless, we apply the limitations of the Constitution with

no fear that freedom to be intellectually and spiritually diverse or

even contrary will disintegrate the social organization. To

believe that patriotism will not flourish if patriotic ceremonies

are voluntary and spontaneous instead of a compulsory routine is

to make an unflattering estimate of the appeal of our institutions

to free minds.

“We can have intellectual individualism and the rich cultural

diversities that we owe to exceptional minds only at the price of

occasional eccentricity and abnormal attitudes. When they are so

harmless to others or to the State as those we deal with here, the

price is not too great.”

By 1967, the nation was swept up in the anti-war movement.

That year one of the first documented cases of flag burning

occurred at a peace demonstration in New York City. There was

no federal law against it at the time, so President Johnson moved

quickly to sign a statute imposing a $1,000 fine and / or one-year

in prison. A congressman at the time suggested that anyone

desecrating the flag should be dumped 200 miles out to sea,

“Then tell ”em to swim to some country whose flag they

respect.”

By the mid-70s, the American flag seemed hardly to be a symbol

at all, particularly during the “malaise” of the Carter years. Most

would agree it was resurrected with the performance of the U.S.

Olympic hockey team at Lake Placid, as well as the candidacy of

Ronald Reagan, who didn”t shy away from using the flag to help

promote his old-fashioned patriotism.

Finally, in 1989 and 1990, the Supreme Court ruled that flag

burning as a political protest was a protected form of individual

expression guaranteed by the Constitution. In the 1989 case

Texas v. Johnson, Justice William J. Brennan wrote:

“If there is a bedrock principle underlying the First Amendment,

it is that the Government may not prohibit the expression of an

idea simply because society finds the idea itself offensive and

disagreeable.We decline, therefore, to create for the flag an

exception to the joust of principles protected by the First

Amendment.

“We can imagine…no better way to counter a flag-burner”s

message than by saluting the flag that burns.We do not

consecrate the flag by punishing its desecration, for in doing so

we dilute the freedom that this cherished emblem represents.”

In concurring, Justice Anthony M. Kennedy added:

“The hard fact is that sometimes we must make decisions we do

not like. We make them because they are right, right in the sense

that the law and the Constitution, as we see them, compel the

result.Though symbols often are what we ourselves make of

them, the flag is constant in expressing beliefs Americans share,

beliefs in law and peace and that freedom which sustains the

human spirit. The case here today forces recognition of the costs

to which those beliefs commit us. It is poignant but fundamental

that the flag protects those who hold it in contempt.”

But then in the case United States v. Eichman, Justice Paul

Stevens dissented as the Court reaffirmed Texas v. Johnson.

“A formerly dramatic expression of protest is now rather

commonplace. In today”s marketplace of ideas, the public

burning of a Vietnam draft card is probably less provocative than

lighting a cigarette. Tomorrow flag burning may produce a

similar reaction.”

Ironically, the same Justice Stevens who voted against President

Bush in Bush v. Gore, the case that halted the Florida recount, is

now one of the President”s major supporters, at least on the issue

of patriotism. Last October 16 in Chicago, Stevens asked a

lawyer group he was addressing to toast “our president.” Stevens

then reflected on his dissenting opinion in Texas v. Johnson and

the decision by the majority to uphold the right of protesters to

burn the American flag. The flag was a “unique symbol” of

“freedom, of equal opportunity, of religious tolerance, and of

good will for other peoples who share our aspirations” –

concepts, he said, that had motivated American soldiers at D-Day

and Philippine Scouts who fought at Bataan.

“Those of you who have read that opinion,” Stevens remarked

last October, “will understand how I feel about symbols of

tolerance, freedom and unity…I now ask you to join me in a

symbolic gesture. Please stand and take a glass –of wine or

water or even an empty glass will do – and join me in .a silent

toast to our President – to the President of the United States.”

Now discuss amongst yourselves.

[Sources: American Heritage magazine, Stuart Lutz; “The

Oxford Dictionary of American Legal Quotations,” Fred

Shapiro; “A History of the Supreme Court,” Bernard Schwartz;

Washington Post]

Stuff

–I”ve overplayed “Is That All There Is” in my Week in Review

column over the years, at least it feels like I have, so it is with

sadness that we note the passing of singer Peggy Lee. Born

Norma Jean Egstrom in 1920 in the town of Jamestown, North

Dakota, her mother died when she was just 4 and childhood

under the rule of her stepmother was tough. But at age 14 she

was earning 50 cents singing at local PTAs and shortly thereafter

a program director in Fargo suggested Norma Jean change her

name. By age 20 Lee was singing for Benny Goodman”s

orchestra, the start of a career that would see her record 600

songs on 60 albums.

Peggy Lee had 3 Billboard Pop hits, “Mr. Wonderful” (#14

3/56), “Fever” (#8 7/58) and “Is That All There Is” (#11 10/69).

–On Monday the New York Knicks suffered their worst home

loss ever, 43 points, as Charlotte annihilated them, 111-68.

Veteran sportswriter Peter Vecsey had some of the following

comments in the New York Post.

“(The Knicks) truly exemplified the spirit of Martin Luther King.

Never has there been such well-coordinated passive resistance.”

“…devoid of pride and empty on caring and competitiveness.”

“Greatest No-Show On Earth.”

“Nuke ”em.”

“I”ve been covering professional basketball since the late 60s

and, believe me, it doesn”t get any worse than yesterday”s

atrocity.”

The 14-25 Knicks are truly a disgrace, but even long-time fans

like myself are finding it amusing (hey, I don”t have season

tickets so why give a hoot). Management spent $100+ million

on Allan Houston, after all, a freakin” average shooting guard

that you can pick up in any 2nd round of the draft.

–Alex Hannum, RIP. Hannum, one of only two NBA coaches to

lead two different teams to NBA titles (the other being Phil

Jackson), died the other day at 78.

Hannum coached the 1957-58 St. Louis Hawks (featuring Bob

Petit and Cliff Hagan) to the title, defeating a great Celtics squad

which had Bill Sharman, Tom Heinsohn, Bob Cousy, Bill

Russell and Frank Ramsey.all 5 averaging over 16.5 ppg. [By

the way, if you know who led the league in scoring that year with

a 27.8 avg., go to the head of class…quaff an ale. It was George

Yardley of Detroit. Yardley is actually in the Hall of Fame and

I”m embarrassed to say I never heard of the guy.]

Hannum also coached the 1966-67 Philadelphia 76ers to a title as

they defeated the San Francisco Warriors of Rick Barry and Nate

Thurmond in the Finals.

Now this Sixer team is considered by many to be the greatest

squad ever. They went 68-13, with a 46-4 start, and won by an

average of 10 points a game. Hannum convinced Wilt

Chamberlain to give up a little offense for the good of the team

and Wilt responded in spectacular fashion. While he still

finished 3rd in the league with a 24.1 scoring average, he was #1

in rebounds with a 24.2 mark and #3 in assists(!), 7.8.

In addition to Wilt the Sixers had Hall of Famers Hal Greer (22.1

ppg) and Billy Cunningham (18.5), as well as Chet Walker

(19.3), Wali Jones (13.2.I loved watching this guy) and

Lucious Jackson (12.0).

As for Hannum, he ended up garnering a 3rd title, as he led Rick

Barry and the Oakland Oaks of the ABA to the crown in 1969. It

was the first season for both, with Barry leading the ABA in

scoring, a 34.0 clip.

All three of Hannum”s championships, by the way, were in the

first year of coaching a team.

–Baseball Commissioner Bud Selig has been in the hot seat

concerning more than a few conflicts of interest he has as both

commissioner and owner of the Milwaukee Brewers. You think

Enron is bad with all of its hidden loans and partnerships? Let”s

just say Selig has more than a few of his own deals, though while

everyone seems to agree that there is nothing illegal about them,

it just looks bad when major league baseball is attempting to

eliminate two teams, pleading poverty, while baseball”s owners

have helped to subsidize their own. Anyway, in case you

wondered, Selig makes $3 million a year as commissioner and

the sport maintains a 7,400-sq. ft. office overlooking Lake

Michigan in Milwaukee for him and all of 4 others, even though

baseball”s corporate offices are in Manhattan.

Top 3 songs for the week of 1/24/70: #1 “Raindrops Keep

Fallin” On My Head” (B.J. Thomas) #2 “Venus” (The Shocking

Blue) #3 “I Want You Back” (The Jackson 5)

NBA Quiz Answers: 1) 2nd highest rookie scoring average:

Walt Bellamy (“Bells”) averaged 31.6 in his first season with

Chicago, 1961-62. He also hauled down 19 rebounds a game.

While he ended up in the Hall of Fame, his rookie season was his

best and for his 14-year career he averaged 20.1 ppg and 13.7

rpg. And, of course, New York Knicks fans will recall that on

December 19, 1968, New York traded Bellamy and Howard

Komives to Detroit for All-Star forward Dave DeBusschere, thus

turning the Knicks from mere playoff contenders to champions

(”70 and ”73). 2) 2nd longest consecutive game streak with 10

points or more: Kareem Abdul-Jabbar, 787. Karl Malone entered

this season in 3rd with 575.

Next Bar Chat, Friday.