Correct Decision in the “There Are Only Two Genders” T-Shirt Case

The conservative media is foaming at its metaphorical mouth after a three-judge panel of the U.S. Court of Appeals for the 1st Circuit upheld a District Court decision from last summer that the Nichols Middle School in Middleborough, Massachusetts didn’t violate then-seventh grader Liam Morrison’s First Amendment rights when he was required to remove his “There are only two genders” T-shirt last year.

Liam, no weenie he, was sent home from school in March 2023 after he refused to change into a more neutral shirt. The case was filed on behalf of Morrison and his family last year by two conservative Christian groups, Alliance Defending Freedom and the Massachusetts Family Institute. Sam Whiting, a staff attorney with MFI, reacted to the ruling by saying in a statement, “This case is about much more than a t-shirt. The court’s decision is not only a threat to the free speech rights of public school students across the country, but a threat to basic biological truths.”

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A Popeye: I Can’t Let This Idiotic AOC Tweet Pass…

As Popeye so memorably said on more than one occasion, “It’s all I can stands, ‘cuz I can’t stands no more!” (Then he would swallow a can of spinach and beat the crap out of someone or something.)

From a 2021 report: “Democratic Senators in battleground states are raking in donations from out-of-state donors, amassing a hefty cash advantage over potential GOP challengers who haven’t launched Senate bids yet.  Four of the most competitive 2022 Senate races are in states held by Democrats: Arizona, Georgia, New Hampshire and Nevada. Each of the incumbents in those states received more than three-quarters of their campaign cash from out-of-state donors in the first three months of 2021.” 

Classic. A practice is “disgusting and abnormal” when it is aimed against Democratic Party incumbents, but just democracy at work when it benefits incumbents. And how is contributing to a political campiagn in a primary “corrupt”? AOC should stick with the old stand-by, since Jamaal Bowman is the incumbent in question. It’s racist not to support him.

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Ethics Quiz: Maryland’s Mass Pot Pardon

This is an ethics quiz because I recognize that I am irretrievably biased on the question of marijuana (no, I really don’t care that I’m supposed to call it “cannabis” now: bite me), which I believe should continue to be illegal, though I am under no illusions that this metaphorical horse has left the barn for good.

Maryland’s governor Wes Moore signed an executive order yesterday that pardons more than 175,000 convicted drug-abusers whose crimes were related to marijuana use. Moore said he did this “with deep pride and soberness.”

Yes, he’s proud to announce that Maryland doesn’t think violating laws is anything anyone should be ashamed of.

“Today is about equity; it is about racial justice,” Anthony Brown, Maryland’s attorney general, said. “While the order applies to all who meet its criteria, the impact is a triumphant victory for African Americans and other Marylanders of color who were disproportionately arrested, convicted and sentenced for actions yesterday that are lawful today.” This is because a disproportionate number of blacks broke the pot laws. This in turn acculturated many of them into breaking other laws with impunity as well. The progressive rule is that if laws are violated by larger numbers of a minority group than their demographic presence in the population would predict, it is discriminatory to enforce those laws.

I wonder who thought up that dodge? Whoever he or she is, it’s brilliant.

Your Ethics Alarms Ethics Quiz of the Day is…

Is the Maryland pardon fair and responsible?

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This Headline Tells You Everything You Need To Know About the Progressive Wing Of The Democratic Party…

Jamaal Bowman. This Jamaal Bowman. The lying idiot who pulled a fire alarm to stall a floor vote in the House of Representatives and flagrantly lied about it, claiming he thought the “Pull” handle on the wall was there to open the door. After security footage showed him taking down the signs that contradicted his absurd story. And this Jamaal Bowman. He’s a star in the firmament of progressive Democrats. What must the rest of the metaphorical sky look like?

Yet the story quotes Representative Alexandria Ocasio-Cortez (D-NY) saying, “I cannot think of a single race that better exemplifies the battle, frankly for our democracy, between everyday people choosing their representation and big money coming in and choosing it for them.” Yes, there we have the strange progressive definition of “democracy”: a member of Congress who stoops to sabotaging a legislative vote that his forces will lose, who lies about it, and who is given The King’s Pass by colleagues like AOC when he should have been prosecuted and censured. It’s not big money making the voters’ choice easy between Bowman and his Democratic primary foe, who is trouncing him in the polls. It is the inescapable fact that Bowman is incompetent, dishonest, unprofessional, not very bright, and a Hamas ally.

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Stupidity Tag On Fox News

I had the TV on Fox News to keep my dog company, and was downstairs from my office briefly to get a drink when I heard a clip of Joe Biden saying, “The Supreme Court has never been more out of step.”

“Out of step?” What’s that supposed to mean? A President being stupid is bad, but a President who makes the public stupider is far worse. It isn’t the Supreme Court’s function to be “in step” with the times, polls, public opinion, fads or zeitgeist. It’s job is to interpret the law and the Constitution. Because the public’s understanding of the law is about at the same level as my dog’s understanding of “Two Gentlemen of Verona,” their opinion regarding what the Supreme Court should do is literally useless and of no value whatsoever.

The issue at hand was the SCOTUS decision on the bump stock ban discussed here. That opinion was only nominally about bump stocks: what it involved really was statutory construction and the limits of agencies trying to do end-arounds when laws don’t allow them to do what they would like to do.

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Father’s Day Morning Nausea, 2024 Election Ethics Train Wreck Edition

Waking up this Father’s Day [Thanks, Dad, for 1) being such a terrific, selfless father 2) for continuing to be an inspiration, a role model and a guide during my highs and lows (like now), and everything in-between 3) for loving my wonderful mom and showing it so brilliantly to everyone, especially her, without interruption for almost sixty years; 4) for somehow saving so much money on a modest salary to hand over to my sister, me, and the three grandchildren through sacrifice and smart investing, because without it I would be living in a cardboard box right now, and 5) for surviving the Battle of the Bulge] to the near certainty that my son (who informed me last week that he would like me to refer to him/her/they as my daughter, Samantha. OK! ), is almost certain to ignore this rather contrived holiday (which is fine with me), a mystery in my yard in which someone or something keeps pulling the 15-foot-long heavy plastic, 7″ diameter tubing, installed to send runoff from the gutters into the garden rather than into my home’s foundation, off the down spout and dragging it into my neighbor’s yard, and another fight with a customer service rep, who, I swear, spoke exactly like Andy Kaufmann’s character on “Taxi” but faster than an auctioneer—yes, this IS a long sentence!—I sat down with Spuds to talk myself out of seppuku, drink a cup of coffee, and check what nonsense the various news networks were spouting.

Big mistake.

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Now THIS Is Pandering…

Ugh. These are not the only corporations playing this dishonest and cynical game, as you know. There are so many ethics alarms this junk sets off it’s difficult for me to keep the clanging straight–oooh, can I still say “straight”?

1. The robotic response of companies and organizations falling into lockstep during “Pride Month” (and Black History Month, and…yada yada) has the stench of forced speech about it, like everyone flying swastikas in 1930s Germany. Are the companies afraid not to demonstrate the mandated rainbow obeisance? What does BP have to do with sexual orientations and non-standard sexual practices? Why should a company like that have any input into the conversation at all? Shut up and drill.

2. These phony gestures also indicate obedient mass participation in cultural propaganda and indoctrination. It is an abuse of power and influence, and it doesn’t matter whether the organizations are endorsing kittens or cannibalism. I feel my arm being twisted. I resent it.

3. If these rainbow logos really represented the companies’ values, then they wouldn’t hide them in nations where intolerance reigns. In fact, those are the cultures where the advocacy is most needed and might do the most good.

The bottom line, as those companies’ VPs might say, is that their management and ownership have no genuine values, other than the desire to make money. That’s fine: capitalism works, and the profit motive makes it work, but these facile, empty gestures should be reminders to all that the pandering organizations cannot be trusted or believed whether they are lining up to bow to BLM, DEI, #MeToo, the stupid Wuhan lockdown, or whatever the latest woke fad of the moment happens to be.

Ethics Quote of the Month: Ironically, It’s Justice Alito!

“An event that highlights the need to amend a law does not itself change the law’s meaning.”

—-Justice Joseph Alito, concurring in the case of Garland v. Cargill and re-affirming the ethical, legal, democratic and conservative principle that laws shouldn’t be ignored or changed by courts just because they no longer work the way they were designed to.

I guess this will be just one more reason for the Angry Left to try to “get” Alito. Maybe he likes to eat candy bars that a lot of the Capitol rioters ate, or something. May be they’ll hire a lip-reader to try to catch him saying something like “it was a riot!” while smiling. Conflict of interest! Recuse!

Re-affirming why the 6-3 conservative SCOTUS majority is good for democracy, the U.S. Supreme Court yesterday ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (aka the ATF) exceeded its statutory authority when it tried to ban bump stocks by classifying them as machineguns. Machineguns are defined in an old statute, the National Firearms Act of 1934. It banned “machine guns,” encompassing today’s automatic weapons. The law “defines a machinegun as any weapon capable of firing “automatically more than one shot…by a single function of the trigger,” as Justice Clarence Thomas explained in the majority opinion. Although the definition also covers parts of a gun that are “designed and intended…for use in converting a weapon” into a machinegun, it does not cover “bump stocks.”

Bump stocks assist “bump firing,” which involves pushing a rifle forward to activate the trigger by bumping it against a steady finger, then allowing recoil energy to push the gun backwards, resetting the trigger. If the shooter maintains forward pressure and keeps the trigger finger in place, a semi-automatic rifle will fire like an automatic weapon (anti-gun fanatics don’t know the difference, and don’t care). The ATF’s “interpretive rule” published in December of 2018 banned stock replacements that facilitated this operation.

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From the Ethics Alarms “Conservatives Do Fake News Too” File…

I really hate this stuff, and I’m getting sick of having to post on it.

Today I saw misleading click-bait headlines on various conservative blogs and websites were like this one: Woke California: U-Turn Signs Are Homophobic. There were many social media posts on accounts like “End Wokeness” with the same implication: those crazy LGPTQ fanatics are out of control, and are now even offended by regular traffic signs.

That was certainly my reaction to just reading the headlines. When I investigated—-my sock drawer is furious with me for using up our quality time together—I learned that the traffic signs removed by the LGBTQ community and the town of Silver Lake, California were considered homophobic because….the signs were homophobic.

In the 90s, before gay dating apps like Grindr, gays in Silver Lake (and elsewhere) relied on printed guidebooks to find public areas and gay bars where they could meet other men like them. “No U-Turn” and “No Cruising” signs were put up in parts of Silver Lake where residents had complained about gay men gathering. The signs were a—subtle? Not so subtle?—rebuke and warning.

The gay community in Silver lake has been trying for years to get official action approved to remove what the LA Times calls “signs of its anti-gay past,” and finally succeeded. None of the conservative websites that mocked this episode as hysterical hyper sensitivity mentioned the “No Cruising” signs in their headlines, and it’s obvious why. Seeing “No U-Turn” as an anti-gay message takes a little thought. “No Cruising”? I’ve never seen such a sign in my life. That one’s more obvious…so they buried it .

Deceit is one of the primary tools of fake news journalism.

If conservative blogs, news outlets and website have valid issues and points to make, they should be able to make them honestly by straightforward reporting. It is very disappointing to see a usually fair and reliable conservative commentary site like Legal Insurrection stooping to these tactics.

I Guess It’s Time To Remind Everyone Again That George Stephanopoulos Is A Disney/ABC Ethics Villain

From the moment ABC made Bill Clinton’s media propaganda guy its supposedly objective host for the network’s Sunday public affairs, talking heads show, the jig was up, or should have been. George Stephanopoulos is and was a Democratic Party operative; that he was allowed to keep this job, which allowed him to, for example, interview his former de facto boss, Hillary Clinton, on more than one occasion, should have put to bed permanently the claims of the ethically blind that mainstream media news reporting was not disgracefully biased.

Now George is apparently more secure than ever that his displaying open partisanship will meet with no resistance from his management at Disney/ABC. Asked by CNN host Abby Phillip this week what the “most important question” for both candidates should be in the June 27 debate moderated by the CNN, Stephanopoulos recommended that CNN’s moderators should confront former President Trump with “Who won the last election?”

That’s a great way to try to duck the actual issues in the election. Then, I suppose, CNN’s moderators should start grilling Trump on the substance of his various prosecutions.

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