Rights

Holly Mathnerd Is Right that Effective Gun Control Is Impossible Without Govt. Gun Confiscation by Force, But Doesn’t Everyone Know That?

/ Jack Marshall / 21 Comments

Right on cue, the Brown mass shooting was instantly the inspiration for the usual gang of anti-Second Amendment zealots, utopians,”Imagine” fans, fact-phobic progressives and nascent totalitarians (funny how they hang out together…huh!) to again scream for “common sense gun control.” Joe Biden did it, or whoever was standing near him barely moving their lips or pretending to drink a glass of water.

Last week, quirky, smart, logic-obsessed substacker Holly Mathnerd issued a typically thoughtful essay called “The Reality of Nationwide Gun Control…the math behind the policy.” Holly gifted me with a subscription to her blog a while back as a gesture of professional courtesy so I pass her analysis on to you. I have written essentially this exact post on Ethics Alarms before and long ago, however, and probably more than once. My reaction to Holly’s work is, “Yes, of course. Why do we keep having to explain this?” Her delivery is a lot less abrasive than mine, so if that helps, great.

Gun control is also on my list of policy objectives that I view as unethical because they are impossible, and arguing for them is 1) a waste of time, 2) misleads the slow of wit into thinking they aren’t impossible when they are, 3) constitute virtue-signaling and 4) would be terrible mistakes even if they weren’t impossible. Read Holly’s whole argument, but the short version is…

If “nationwide gun control” is going to mean anything more than a slogan, it has to be defined in operational terms. Not aspirations. Not values. Mechanics. Logistics. Physical Reality. What specific actions actual humans would have to take with their human bodies in the material world.

In a country with roughly 450 million privately held firearms already in circulation, nationwide gun control cannot mean preventing future purchases alone. Even a total ban on new sales would leave hundreds of millions of existing weapons untouched for decades. So the policy people are implicitly calling for is not regulation at the margin, but the systematic reduction of the existing stock of guns. That requires locating them.

There is no way to meaningfully restrict, reclaim, or eliminate privately owned firearms without first knowing who has them and where they are. Which means a comprehensive national registry: mandatory disclosure of ownership, backed by penalties for noncompliance, with mechanisms for verification. Anything less is symbolic. Once a registry exists, enforcement becomes unavoidable. Some people will comply. Many will not. Some will be confused, some distrustful, some quietly resistant.

That resistance is not an edge case; it is a certainty at this scale. At that point, enforcement ceases to be abstract. It becomes door-to-door. This is the moment where “nationwide gun control” stops sounding like a policy preference and starts sounding like a domestic enforcement regime. Warrants. Searches. Seizures. Follow-ups. Informants. Penalties for concealment. Escalation when compliance is refused.

There is no clean or frictionless version of this process, and no serious proposal pretends otherwise once you spell it out.

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Larry Bushart, Justin Carter, Josh Pillault: Martyrs To Anti-Gun Fearmongering and School Shooting Hysteria

/ Jack Marshall / 1 Comment

Today Greg Lukianoff, the president and chief executive of the Foundation for Individual Rights and Expression, has a guest column in the New York Times about the unethical persecution of Bushart, a 61-year-old retired police officer living in Lexington, Tennessee, who ended up in jail for 37 days for posting a meme on social media post that some hysteric took to be a threat to shoot up a school. His was a particularly head-scratching case of the wild over-reaction to stupid and vicious comments about Charlie Kirk after his assassination. Lukianoff uses his column to condemn all negative consequences of all of those comments, usually by the Trump Deranged and Axis media-indoctrinated.

From the column:

Mr. Bushart’s case would be alarming even if it were the sole instance of institutional overreaction to a response to Mr. Kirk’s killing. But it is not unique. A recent review by Reuters of court records, local media reports and public statements found that more than 600 Americans have been fired, suspended, investigated or disciplined by employers for comments about the Kirk assassination. Mr. Bushart, too, lost his job — because he was in jail.

At my organization, we have tallied 80 attempts to punish academics over their remarks about Mr. Kirk since his killing, resulting so far in about 40 investigations or disciplinary actions and 18 terminations.

The Bushart case is a poor one to send Lukianoff to his soapbox: he wasn’t arrested over what he said about Kirk. I don’t think he was fired, either, since the column begins by telling us he is retired. Moreover, FIRE’s absolutism is misplaced: there are very good reasons to fire teachers who celebrated a man’s death by violence for his political views. To begin with, they are terrible, hateful leftists who shouldn’t be corrupting young minds.

But the column did remind me that I had never learned (or written about…I’m sorry) the resolution of the far worse case of Justin Carter, a Texas teenager (above) who was arrested in 2013 for commenting on Facebook with a fellow gamer, “Oh yeah, I’m real messed up in the head, I’m going to go shoot up a school full of kids and eat their still, beating hearts. lol. jk.” A Canadian jerk who read the exchange decided to report Justin to the Austin police, who then arrested him–he was 18 at the time—searched his family’s house, and charged him with making a “terroristic threat.”

I wrote a great deal about the case in 2013, beginning with this post, “The Persecution Of Justin Carter And The Consequences Of Fear-Mongering: If This Doesn’t Make You Angry, Something’s The Matter With You.” I just re-read it: I blamed the teen’s abuse on the Obama Administration’s exploitation of the Newtown school shooting to create sufficient anxiety among parents to move the metaphorical needle on gun control, and I was right. Where I was wrong was in not keeping Ethics Alarms readers updated on Carter’s fate, though I referred to his case as recently as 2018.

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Ethics Observations on “Seditious” Video’s Unethical Aftermath

/ Jack Marshall / 10 Comments

The Pentagon has announced that it is investigating Democratic Sen. Mark Kelly of Arizona regarding possible breaches of military law when the former Navy pilot joined other Democrats in the recent video calling for troops to defy “illegal orders.” A federal law allows retired service members to be recalled to active duty on orders of the Secretary of War for possible courts martial. Kelly’s statements in the video may have interfered with the “loyalty, morale, or good order and discipline of the armed forces…A thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures,” the statement said.

Ethics Alarms already explained what was unethical about the video. It was a cheap political stunt, unethically implying that what had not occurred and will not occur had occurred or was in danger of occurring. It was clever, Machiavellian and, as the late Harry Reid would say, “It worked!” The stunt lured Trump into behaving like an ass, overstating the issues involved, and giving the Axis more metaphorical sticks to beat him with. Even with the admissions by some of Kelly’s co-conspirators that they didn’t know of any illegal orders by Trump that justified the “public service announcement,” it still was a net public relations loss for the President, who doesn’t need any more of them. Now Pete Hegseth is joining the botch. Terrific.

Observations:
1. Haven’t Republicans heard of the Streisand Effect? Making such a fuss over the video is just guaranteeing that it stays in the news, along with the typically biased and inflammatory news coverage, like “Trump calls for EXECUTION of members of Congress!” Hegseth’s investigation could be justified, but with an irresponsible and partisan news media, there is no chance, none, that the public will understand the issues involved. With those as the conditions that prevail, the announcement of the investigation is incompetent.

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Ethics Dunces: 98 Democratic Party House Members

/ Jack Marshall / 8 Comments

One would think that a Congressional resolution calling for the condemnation of communism and socialism would be an easy one to vote for, but one would be wrong. Rep. María Elvira Salazar (R-Fla.), the daughter of Cuban refugees, introduced a non-binding resolution to Congress this past week called “Denouncing the horrors of socialism.” Most of the historical villains referenced in the resolution —Vladimir Lenin, Joseph Stalin, Mao Zedong, Fidel Castro, Pol Pot, Kim Jong Il, Kim Jong Un, Daniel Ortega, Hugo Chavez, and Nicolás Maduro—were Communists. Nevertheless, not only did 100 members of the Democratic Party vote against a statement of principles that flows directly from our founding documents and core values (Jefferson wrote, “To take from one, because it is thought that his own industry and that of his fathers has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it,” and Madison added that it “is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest…), they were confident enough of the effectiveness their party’s pro-socialist propaganda to go on the record as opposing that statement. All the worst villains are there: the “Squad,” Pelosi, Jaimie Raskin, Maxine Waters.

The number of Democrats unwilling to condemn socialism, and therefore its nasty offspring communism, was even more damning: in addition to the 98 naysayers, two Democrats voted “present” and 47 weenies refuse to vote at all.

Democrats are now telling us exactly who they are and what their agenda is.

WaPo: “Republican Overseeing Alamo Renovation Ousted After ‘Woke’ Social Media Post” Ethics Alarms: “Better Safe Than Sorry.”

/ Jack Marshall / 2 Comments

I know, I know: Ethics Alarms’ annual “Remember the Alamo!’ posts usually don’t start until February. But an important Alamo story with ethics lessons reaching beyond the legendary Texas battle is in the news, and attention should be paid.

Kate Rogers had been leading the $550 million renovation of the Alamo in San Antonio, Texas. Texas Lt. Gov. Dan Patrick reviewed a copy of her 2023 PhD dissertation on museums affecting history is taught in schools. “Personally, I would love to see the Alamo become a beacon for historical reconciliation and a place that brings people together versus tearing them apart, but politically that may not be possible at this time,” her dissertation stated. Patrick asked her to resign as CEO of the Alamo Trust based on that sentiment, and Rogers refused. declined. The next day, Patrick publicly called for her resignation. This time, Rogers complied.

This week, Rogers sued, alleging wrongful termination. The theory: forcing her to resign for what she wrote in her dissertation was a violation of her free speech rights. The dissertation wasn’t the whole story, however. On her watch, a social media post from the Alamo Trust had prompted this letter…

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BREAKING: Ethics Alarms Galore in New Lawsuit: Is The NFL Colluding Against Its Most Passionate Fans?

/ Jack Marshall / 5 Comments

It sure looks like it.

The mainstream media is terrible at covering lawsuits, and this one is no exception. Attention should be paid, however. The allegations are serious, and particularly ominous for professional sports, which are all in a perilous state right now thanks to their greedy negligence allowing gambling to taint their credibility. The law suit, which has mountains of evidence to support it, alleges a conspiracy among Fanatics Inc., the National Football League and TikTok “to monopolize the sports memorabilia market, suppress competition, and destroy small business sellers.” The specific allegations are:

  1. Violation of Sherman Act §1 (Conspiracy in Restraint of Trade) 
  2. Violation of Sherman Act §2 (Monopolization / Attempted Monopolization) 
  3. Violation of Clayton Act §3 (Exclusive Dealing) 
  4. Violation of California Cartwright Act 
  5. Violation of California Unfair Competition Law (Bus. & Prof. Code §17200) 
  6. Tortious Interference with Contractual Relations 
  7. Tortious Interference with Prospective Economic Advantage 
  8. False Advertising and Unfair Competition (Lanham Act §43(a)) 
  9. Common Law Unfair Competition 
  10. Breach of Covenant of Good Faith & Fair Dealing 

The victims of the conspiracy are passionate NFL fans, collectors, and families who began lucrative businesss selling NFL souvenir items only to be threatened and blocked, costing them dearly.

If you aren’t a sports memorabilia collector, you may be unaware of the extent to which a company called Fanatics dominates the business. One reason for this is that the part of the memorabilia business at issue exploded in activity and profits fairly recently. During the stupid pandemic lockdown, small business entrepreneurs calling themselves “breakers” devised a new approach to sports memorabilia and collectables marketing by livestreaming so-called “box breaks” on TikTok, eBay and other platforms. The result was billions in secondary-market sales and thousands of everyday Americans profiting while retired professional athletes had income from participating in autograph signings and memorabilia events. 

All was well, and everyone profited, until 2021, when Fanatics, backed by equity funding from Silver Lake Technology Management and with the cooperation of the NFL and other sports leagues, decided to monopolize the collectibles and memorabilia industry. Fanatics acquired exclusive licensing rights from the major sports leagues and players’ associations, purchased the iconic trading card manufacturer Topps, and launched new brands such as Under Wraps. The scheme was to take the autograph and memorabilia markets away from independent dealers and breakers, fixing the profits while freezing the small business memorabilia traders out.

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Worst Supreme Court Justice Ever?

/ Jack Marshall / 11 Comments

During the oral argument at the Supreme Court regarding the constitutional challenge to Section 2 of the 1965 Voting Rights Act, President Biden’s sole appointment to the Court, Justice Ketanji Brown Jackson, proved that the suspicions raised by some of her dissents that she is a knee-jerk progressive incompetent were well grounded. Are you ready? Heed Sam’s warning!

The case, Louisiana v. Callais, involves the question of whether Louisiana’s congressional map violates the 15th Amendment and the Equal Protection Clause of the 14th Amendment because it clearly includes two districts with boundaries based on race. The objective was to create two majority black districts. In other words, use race as the reason for determining Congressional districts.

Justice Jackson’s head-exploding argument? Giving blacks special advantages in the matter of representation was like making special accommodations for the handicapped under the Americans with Disabilities Act. Black Americans, you see, are permanently handicapped because of the crippling effects of slavery (which ended 160 years ago) and Jim Crow (which ended 100 years later, about 60 years ago.)

“So going back to this discriminatory intent point, I guess I’m thinking of it, of the fact that remedial action absent discriminatory intent is really not a new idea in the civil rights laws. And my kind of paradigmatic example of this is something like the ADA,” Jackson said.

“Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities,” the DEI Justice explained. “And so it was discriminatory in effect because these folks were not able to access these buildings. And it didn’t matter whether the person who built the building or the person who owned the building intended for them to be exclusionary; that’s irrelevant. Congress said, the facilities have to be made equally open to people with disabilities if readily possible. I guess I don’t understand why that’s not what’s happening here. The idea in Section 2 is that we are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it so that they don’t have equal access to the voting system. Right? They’re disabled. In fact ,we use the word ‘disabled’ in [Milliken v. Bradley]. We say that’s a way in which these processes are not equally open. So I don’t understand why it matters whether the state intended to do that. What Congress is saying is if it is happening … you gotta fix it.”

Got it! American blacks are permanently disabled. This is the rote justification for affirmative action forever, DEI (which Jackson understandably has an affection for), and reparations for slavery. It is a jaw-droppingly demeaning characterization of black Americans, and pure stereotyping.

Her “logic” also misses an obvious and crucial point: when the 1964 Voting Rights Act was passed, the U.S. was just barely leaving the Jim Crow era. Brown v. Bd of Education was only ten years old. Inter-racial marriage was still illegal in many states. Progressives and race-hucksters like Jackson refuse to acknowledge that there has been massive progress in race relations since 1964, and they deny that progress because it means giving up their own benefits from the phenomenon of presumed racism. “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Jackson’s statement marks her as a racketeer.

That quote from Jackson is damning (and it bolsters the EA case that Joe Biden was the worst POTUS ever, since he appointed this partisan hack) and should be headline news, but it’s not. Gee, I wonder why… Over at SCOTUS blog, the new proprietor, Amy Howe, provides what she represents as a thorough analysis of the oral argument in Louisiana v. Callais without mentioning Jackson’s outrageous theory at all. So far, I have only seen it mentioned on conservative blogs and news sites. In fact, I was driven to Breitbart, a site I banned for being biased and untrustworthy, to find the full quote.

Is Jackson the worst SCOTUS Justice ever? I think she’s worse than Sotomayor, which is pretty amazing, but no, I’m sure there have been worse ones in the Courts dim past. But she is pretty assuredly the worst Justice in my lifetime, and that would include the execrable Harry Blackmun, who inflicted Roe v. Wade on the nation as well as the indefensible majority opinion declaring that baseball, alone among professional sports and billion dollar private businesses, should be immune from the antitrust laws. Harry was an mediocre judge in over his head thanks to a Peter Principle Nixon appointment, but he was at least smart enough not to claim that being black was the equivalent of being disabled.

A Democratic Government Should Not Be Afraid of Words: The Charlie Kirk Assassination Ethics Train Wreck Rolls On

/ Jack Marshall / 14 Comments

Ugh. Yesterday, President Trump posthumously awarded Charlie Kirk the Medal of Freedom. That was an appropriate way to express admiration and appreciation for the martyred conservative activist. (MSNBC, alone among the networks, didn’t feel the ceremony was newsworthy. Now, a newsworthy ceremony for the network was President Biden giving the Presidential Citizen’s Medal to Liz Cheney for running a Star Chamber against American citizens tand her own party o make sure the public understands the difference between bad rioting—the half-day Capitol embarrassment by conservative morons—and good rioting—the nation-wide, May through December 2020 Black Lives Matter “mostly peaceful protests” by Democrats—at least according to”MS.” Nah, there’s no mainstream media bias…).

An inappropriate, cheesy, grandstanding pro-Kirk gesture absurdly hostile to freedom of speech was the Trump State Department revoking the visas of six foreigners who made derisive comments about Kirk or who joked about his assassination. Oh no, not THAT! Foreigners making jokes!

The State Department said yesterday that it had determined the six unidentified foreign nationals from Argentina, Brazil, Germany, Mexico, Paraguay and South Africa should lose their visas after reviewing their online social media posts and clips about Kirk. “[We]will defend our borders, our culture, and our citizens by enforcing our immigration laws,” the State Department said. “Aliens who take advantage of America’s hospitality while celebrating the assassination of our citizens will be removed.”

Celebrating.

Next up from this weirdly thin-skinned gang: prosecuting whoever celebrates LA Dodger victories in the baseball play-offs. The move hands a metaphorical spiked club to the Trump-Deranged who claim this President wants to cancel the First Amendment. Dumb. Abuse of power.

Unethical.

Morons.

Fact: The Axis Media Is Straight-Up Lying About The Justifications For Trump’s National Guard Use

/ Jack Marshall / 5 Comments

They are doing it, in great part, because their favorite party is lying about it too.

Professor Turley was making the rounds this morning on news stations trying to explain that the Insurrection Act is ambiguous enough to support a President’s judgment that an “insurrection” is occurring in a state when the governor or a state legislature refuses to request such support, and send in the Guard on his own authority. The professor also pointed out that even if Trump were blocked from doing so in a state, he clearly has the power to use other states’ National Guard units in the state that is resisting, if the other states agree. The description of the sanctuary cities and states as engaging in neo-Confederate nullification is quite accurate.

Meanwhile, the New York Times, leading its fellow travelers in Orwellian spin, is doing its damnedest to back the incipient Stars and Bars. Here (gift link), a biased lawyer writes that “No, Trump Can’t Deploy Troops to Wherever He Wants.” How is that for a false framing? But the Times published it anyway. Unethical quote: “Can presidents unleash the armed forces on their own people based on facts that they contrive?” Yeah, that scene above, where the Chicago police deliberately stood down, was “contrived.”

Then we have this consequentialist argument: “In 2020, Trump Intervened in Portland’s Protests. They Got Even Worse.” First, how do “protests” get “worse”? They were riots. Second, the mess in Portland didn’t involve attacks on Federal law enforcement and defiance of Federal law. Third, the Mongo Principle (No, don’t use force, it will only make him mad) is not a valid approach to law enforcement.

Ethics Quiz: FREEDOM

/ Jack Marshall / 74 Comments

Libs of TikTok…you know, that account that progressives call racist and homophobic and transphobic even though it only re-posts damning evidence of woke lunacy from TikTok and other platforms?…posted an email exchange between Arbor Creek Elementary Principal Melissa Snell and an (unnamed) individual in which Snell indicated that “Freedom” T-shirts were banned in her school.  “I just want to make sure that you have told your staff to not wear those ‘Freedom’ shirts to school anymore. Thank you.” Jonathan Turley confirmed that there is such a ban, though it may be temporary. Superintendent Brent Yeager confirmed the emails that Libs of TikTok had postedbut suggested that it was temporary as Snell “reviewed district practices.”

Turley says there is nothing to review.”I fail to see why Snell had to suspend the wearing of such shirts pending review. “This is clearly a content-based limitation on speech,” he writes.

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