How Did California Conclude That It Could Constitutionally Ban the Possession of Billy Clubs?

A case out of the Golden State reaffirms my belief that there are too many unconstitutional laws around the country to count, and that a lot of them are passed by irresponsible legislators with their fingers crossed, hoping that the bogus government restrictions will slip through the judicial net.

For example, did you know that a California law makes it a crime to simply possess or carry a billy club, which is basically a stick? That’s ridiculous, but there was such a law until it was struck down last week by a Judge Roger Benitez, a federal judge in San Diego, who ruled in Fouts v. Bonta that billy clubs are protected by the Second Amendment. Why wouldn’t they be? California really is estranged from basic American values and common sense. (The state’s billy club prohibition would make it illegal for a member of the LA Dodgers to walk to the stadium carrying his bat.) The core of the opinion is this:

This case is not about whether California can prohibit or restrict the use or possession of a billy for unlawful purposes…. Historically, the short wooden stick that police officers once carried on their beat was known as a billy or billy club. The term remains vague today and may encompass a metal baton, a little league bat, a wooden table leg, or a broken golf club shaft, all of which are weapons that could be used for self-defense but are less lethal than a firearm…not everybody wants to carry a firearm for self- defense. Some prefer less-lethal weapons. A billy is a less-lethal weapon that may be used for self-defense. It is a simple weapon that most anybody between the ages of eight and eighty can fashion from a wooden stick, or a clothes pole, or a dowel rod. One can easily imagine countless citizens carrying these weapons on daily walks and hikes to defend themselves against attacks by humans or animals. To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally protected right to keep and bear arms like the billy for lawful purposes.

In early America and today, the Second Amendment right of self-preservation permits a citizen to “‘repel force by force’ when ‘the intervention of society in his behalf, may be too late to prevent that injury.’” The Founders of our country anticipated that as our nation matured circumstances might make the previous recognition of rights undesirable or inadequate. For that event, the Founders provided a built-in vehicle by which the Constitution could be amended, but a single state, no matter how well intended, may not do so, and neither can this court.

What other unconstitutional laws are lurking out there, unchallenged?

Incompetent Elected Official of the Month: North Las Vegas Mayor Pamela Goynes-Brown

Why do communities keep electing officials who are ignorant of the law, history, and the U.S. Constitution?

Three days ago, North Las Vegas Mayor Pamela Goynes-Brown, (Guess which party!) announced on social media that her city would host a Black-owned business fair this coming weekend at the conclusion of Black History Month. The fest would feature local black vendors, community resources, an art corner and an area for children. Food trucks and live entertainment would enliven the proceedings. It would be a fun day of promotion for all participating—black-owned only!—businesses.

Who could have a problem with that?

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FIRE’s Annual Censorship Awards

FIRE released its annual “Top Ten Worst Censors” list. They are…

As you see by the EA links, I batted just .500 in covering this topic, and some of the incidents described in FIRE’s report are clearly major ethics breaches that should have been discussed here. Personally, I blame Donald Trump for being a catalyst for so much unethical conduct by the Axis of Unethical Conduct (AUC)—the “resistance,” Democrats and the mainstream media—as well as his own usual forays into the Ethics Twilight Zone that I missed other important matters. Or, as Joni Mitchell might have croaked, “So many things I might have done, but Trump got in my way….”

OK, I’m kidding. Sort of.

The most horrible story that I missed is a tie between the Mayo Clinic outrage and the Marion County Police Dept.’s gestapo act. In that one, FIRE explains,

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Ethics Hero Elon Musk vs. Ethics Villain Disney

Elon Musk is weird, impulsive, sometimes hypocritical and often infuriating. He is also a national treasure: a true Ethics Hero in the culture wars.

Back in 2021, Disney fired Gina Carano, one of the stars of the Disney+ series “The Mandalorian” because her social media posts were insufficiently supportive of the progressive cant Disney is obsessed with (to its financial and cultural sorrow). The triggering tweet was one in which Carano, a conservative (can’t have that in Hollywood!) compared Nazi Germany’s anti-Jewish propaganda to efforts by the political left to demonize people based on their political beliefs. Proving her point, Disney canned her, explaining, falsely, that her “social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”

Carano is now suing Disney and Lucasfilms. Her complaint can be read here. She is suing under California law, which states that
“No employer shall make, adopt, or enforce any rule, regulation, or policy: (a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office. (b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees.”

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Ethics Quiz: Hating Satan

Michael Cassidy, the former Mississippi candidate for Congress who destroyed the Christmas seasonal display put up by Satanists at the Iowa State Capitol building , was ultimately charged not just with criminal mischief, which is a misdemeanor and what such vandalism would usually draw as an offense, but felony third-degree criminal mischief. The enhanced charge was justified, according to the prosecutor, because the act was committed “in violation of individual rights” under Iowa’s hate crime statute.

The statue Cassidy attacked was of Baphomet, who isn’t exactly Satan but close enough for horseshoes, or goatshoes. The ancient pagan deity is used as a symbolic trademark by the Satanic Temple, a largely satirical pro-atheism and anti-religion organization. He’s a little like Mickey Mouse is to Disney. Understandably, however, serious Christians regard using Ol’ Baphy’s image to “celebrate” the Christian holiday of Christmas as blasphemy, which it is, because that’s how the Satanic Temple rolls. It think blasphemy is a joke. To that group, all religion is a joke.

Michael Cassidy is one of millions who don’t get it.

Your Ethics Alarms Ethics Quiz of the Day is…

Should a hateful act against a statue that mocks Christianity be treated as a hate crime?

“Evidence shows the defendant made statements to law enforcement and the public indicating he destroyed the property because of the victim’s religion,” triggering the violation of individual rights enhancement, said Lynn Hicks, a spokesman for the Polk County Attorney’s Office.

Wow, an entire office of assholes! The man committed a crime and an act of civil disobedience, protesting what he views as the absurdity of the state having to give a supposed Satanic organization equal representation with other religions in a holiday display. I have no idea what is gained by over-charging and taking the apparent position that it’s illegal to hate the personification of evil. Some legal commentators have climbed into the high weeds about whether atheism or Satanism are legitimate religions; the same weeds are available for debates over Pastafarians (The Church of the Flying Spaghetti Monster) and Scientologists. It’s an unnecessary issue here.

Hate crimes are thought crimes and, at Ethics Alarms, unethical to charge whatever they involve. Michael Cassidy should be allowed to hate Satan, Baphomet, their followers real or satirical, those who mock Christianity and Christmas and anyone or anything else he chooses, as long as he doesn’t also destroy property.

I, for example, hate grandstanding prosecutors.

“Indictment: The McMartin Trial,” An Ethics Movie That Seems Disturbingly Relevant Today

How I missed the 1995 HBO film “Indictment: the McMartin Trial” for almost 30 years, I don’t know, but I did. The Oliver Stone produced legal drama about the insane events surrounding what turned out to be the start of a nation-wide freak-out over supposed Satan worship and widespread child abuse at day-care centers is unusually accurate for a docudrama. For this reason it is also infuriating. How could this have happened even once?

In August of 1983, the mother of a 2-year-old boy phoned the Manhattan Beach (California) Police Dept. claiming that her son had been sexually abused at the family-run McMartin Pre-School. That accusation prompted a series of sensational and inflammatory reports from an unscrupulous broadcast journalist (or “journalist,” for short) at WABC-TV. It also prompted the police to contact other parents with children at the school to ask if their children had been molested. Those children were, in turn, interviewed by a crusading social worker named Kee MacFarlane, who used controversial techniques to persuade the young children that they had seen and experienced terrible things, escalating from sexual abuse to having to witness ritual rapes and human sacrifices. (This was one of the seminal cases in the psychiatry profession’s “implanted memories” scandal.)

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The Rest of the Story: The Latest in the Alex Murdaugh Murder Trial Train Wreck Has Me Depressed About the American Justice System

This is bad for me: after all, my profession is substantially involved with the justice system and the law. I keep learning things that make me increasingly cynical regarding the fairness, competence and integrity of the American justice system, and lately it has been

…right in the kisser. (I’ll have another horror story for you later today, if all goes according to plan.)

Yesterday, a judge refused to grant a new trial for Alex Murdaugh, the former South Carolina lawyer, now disbarred and convicted of murdering his wife and son. His defense team argued that a court clerk had improperly influenced the jurors in his case, which, if she did not, was only moral luck. I wrote about the unethical clerk here last Fall. Even before the allegations were made about the clerk, Rebecca Hill, signaling and sometimes prompting jurors that they needed to convict Murdaugh, the trial and his conviction looked like a travesty of justice.

Here is what I wrote about the case after the trial…

“Reviewing the astoundingly thin evidence, I do not understand why the trial judge didn’t throw out the jury’s verdict and declare Murdaugh acquitted because there was not enough to convict him beyond a reasonable doubt as a matter of law. There wasn’t. This was an example of a jury convicting a defendant of murder because they decided he was a bad guy and there were no other suspects. Alex Murdaugh lied repeatedly regarding the deaths of his wife and son and he was undeniably a thief and a sociopath—but prosecutors couldn’t and didn’t present much more than theories about whether he was the killer. Judges are understandably, reluctant to over-ride juries, but in this case it was necessary. If the Trump Deranged reasoning that the conclusion that someone is just an untrustworthy bounder is sufficient to assume guilt of criminal activity is becoming a cultural norm, our justice system is approaching a crisis, if it isn’t in one already.

The only motive that the prosecution could come up with for claiming Murdaugh was behind the double murder of his wife and son was that the lawyer thought he would be more leniently treated for the other crimes he was being charged with if juries and judges felt sorry for him as a result of their deaths. That’s just bonkers, and if I were a member of the jury, I’d regard the prosecution having to resort to such a theory as per se reasonable doubt. But as if that weren’t enough, Murdaugh’s trial was tainted by a fame- and fortune-seeking law clerk. (I recently wrote about the carnage triggered by another unethical law clerk scandal. What the hell’s going on out there?)

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Ethics Quiz: The Innocent-Until-Proven-Guilty College Basketball Star

Illinois guard Terrence Shannon Jr. 23, was arrested in Lawrence, Kansas on Dec. 28 and charged with rape. While he visited Lawrence last September, he grabbed a woman and sexually assaulted her at a bar, or so the woman claimed to police. The Illini suspended Shannon following his arrest, but the player’s attorney requested a temporary restraining order against the school this month to force Illinois to let him resume playing basketball. A federal judge granted the request on January 19.

Shannon has been playing with the basketball team ever since. Last week, playing against Northwestern in his first road game since the arrest, he was taunted by fans chanting “No means no!” and “Guilty!”

Your Ethics Alarms Ethics Quiz of the Day is this: Continue reading

More Evidence California Doesn’t Get That First Amendment Thingy…

It’s not the only one, but still…

Assembly Bill 1831, introduced by California Assemblyman Marc Berman (D–Palo Alto) this month, would expand the state’s definition of child pornography to include “representations of real or fictitious persons generated through use of artificially intelligent software or computer-generated means, who are, or who a reasonable person would regard as being, real persons under 18 years of age, engaging in or simulating sexual conduct.”

Does Berman comprehend why the possession of child pornography is a crime in the first place? Clearly not. Somebody please explain to him that the criminal element in child porn is the abuse of living children required to make it. The theory, which I have always considered something of a stretch but can accept the ethical argument it embodies from a utilitarian perspective, is that those who purchase or otherwise show a proactive fondness for such “art” in effect aid, abet, encourage and make possible the continuation of the criminal abuse and trafficking of minors. It is not that such photos, films and videos cause one to commit criminal acts on children. That presumption slides down a slippery slope that would justify banning everything from Mickey Spillane novels to “The Walking Dead.”

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Incompetent Elected Official of the Month: Oklahoma State Senator: Nathan Dahm, (R-Broken Arrow)

Senator Dahm has introduced Senate Bill 1837, the “Common Sense Freedom of Press Control Act.” Here are its main provisions:

“Each individual reporter, producer, writer, editor, or any other employee involved in the production of content distributed by a media outlet is hereby required to:

a. complete a criminal background check conducted by the Oklahoma State Bureau of Investigation,
b. receive a license as prescribed by the Corporation Commission as provided in subsection C of this section,
c. complete a propaganda-free safety training course of no less than eight (8) hours as prescribed by the State Department of Education, which shall be developed in coordination with PragerU,
d. provide proof of liability insurance no less than One Million Dollars ($1,000,000.00), and
e. submit to quarterly drug testing for illicit substances to be administered by the Oklahoma State Bureau of Investigation”

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