Rights

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

/ Jack Marshall / 3 Comments

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.

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

/ Jack Marshall / 17 Comments

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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California Apparently Doesn’t Believe in Following the Constitution

/ Jack Marshall / 10 Comments

This is unethical. I wonder how the state got that way, and if anything can be done about it?

ITEM: The Ninth Circuit Court of Appeals pointed out to the state that its obviously First Amendment-violating ban on firearms advertising was illegal, and now California must pay more than $1.3 million in legal fees to the plaintiffs. The law was virtue-signalling to California’s gun-phobics; I doubt any honest Constitutional law expert anywhere thought it could pass judicial scrutiny.

Assembly Bill 2571 (AB 2571) prohibited “firearms industry members” (whatever that’s supposed to mean) from advertising, marketing or promoting any firearms or “firearms-related products,” in a manner that is “designed, intended, or reasonably appears to be attractive to minors.” Wow, how about that statutory drafting?

Safari Club International and the other plaintiffs filed suit arguing that the statute violated the First Amendment by restricting commercial speech. They also argued that the law was unconstitutionally vague (Ya think?), a Due Process violation, and that it discriminated against a legal industry and makers of legal products. The rulings agreeing with them are here and here.

ITEM: Voters in California, according to a poll conducted by the Citrin Center for Public Opinion Research, support a proposed “wealth tax” on billionaires with 50% of California voters in favor of the measure and only 28% objecting to it. The concept comes from the Marxist brain of Bernie Sanders, who insists that people who resent other American having more money than they do should be able to just take it.

This scheme probably violates state and federal laws as well as the Constitution. The 5th and 14th Amendments block uncompensated “takings.” California’s 0.4% cap on personal property tax would seem to be a problem. The law also looks like an illegal bill of attainder, targeting specific individuals.

The California Communists who are pushing this bill seem to believe that the state’s billionaires will just be good little proles and hand the cash over. Gavin Newsom, who has no discernible principles, thinks the proposed law will make him look bad when he runs for President, so he says he’s against it.

Maybe all the billionaires, millionaires, entrepreneurs, companies and American citizens will abandon the Golden State to the illegal immigrants, shop-lifters, assorted criminals and censors, leaving California to emulate the dystopian Manhattan of John Carpenter’s “Escape from New York.” Surely there must be a less draconian remedy, but I have no idea what it is.

Update! “A ‘Great Stupid’ Court Case SO Stupid That It Makes “The Great Stupid” Look Almost Smart…”

/ Jack Marshall / 6 Comments

The story that the great radio story-teller Paul Harvey would now tell us the rest of was the subject of the post below, from August 2024. As you will see, it made my head explode, but there has finally been a resolution, and ethics and common sense prevailed. Review the horrible case. Will voters really hand power back to the party that not only responsible for such things, but that still wants to establish them as our national standards? Really?

But I digress. Here is the original post, and I’ll add the recent developments at the end…

That crude, ambiguous drawing above got a first grader—we’re talking six-years-old here—suspended. That’s almost all you have to know for your head to explode if it is properly wired.

The Ethics Villains and Dunces are so thick in this fiasco you could use it to lay bricks. I’m almost embarrassed to tell the story, which I first saw at Reason…

In March of 2021, a first grader referred to as “B.B.” ” drew a picture we are told was intended to show people of different races, representing “three classmates and herself holding hands.” (I’d save the money the family was planning on spending on art school for B.B., if that was their intent.) Above the drawing, B.B. wrote “Black Lives Mater” (Latin!) with the words “any life” stuck in-between the slogan and the jelly beans, or whatever they were. B.B. then gave the drawing to a black classmate, as what B.B. testified was intended as a friendly gesture. But the classmate either ratted out B.B. or the principal was told about it by the teacher, or something (because school administrators don’t have anything better to do than to police the political correctness of kids’ drawings).

The school’s principal, Jesus Becerra, admonished B.B., saying that the drawing was “inappropriate.” B.B. was ordered to apologize to her classmate, prohibited from drawing any more pictures in school, and prevented from going to recess for two weeks.

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The UK’s Frightening Warning On Cultural Pollution From Assimilation-Adverse Immigrants

/ Jack Marshall / 45 Comments

There are some cultures and some immigrants, refugees and illegal aliens that a nation has good reason to avoid letting into its territory. Islamic culture and Muslims are a blazing example. Europe and the UK are learning this hard lesson—that cultural diversity is only a boon if a nation’s traditional culture is nurtured and protected—too late. It remains to be seen if the U.S. will.

The flashing neon sign that the Mad Left will pooh-pooh, shrug off, deny or refuse to acknowledge? This:

Nearly 70 dog breeds in the UK could be banned under proposed new legislation on the sham theory that they are “unhealthy.” A new 10-point checklist of “extreme” physical characteristics will decide which dogs will suffer from health problems due to certain physical characteristics. The excuses for banning the breeds include “mottled coloration,” “excessive” skin folds (like English bulldogs), “fat faces” (like pit bulls and mastiffs), “temperament,” bulging outward-turning eyes (pugs), drooping eyelids, being low to the ground (like Queen Elizabeth’s Corgis) and more.

Don’t kid yourself and believe that this assault on freedom and family has anything to do with canine health. This an assault on dogs by Muslims, who believe that dogs are “unclean,” as Nerdeen Kiswani, a Palestinian Muslim New Yorker and activist, said in a recent social media post. This led Representative Randy Fine (R-Fla.) to reply, “If they force us to choose, the choice between dogs and Muslims is not a difficult one.” In response to that, Congressional Democrats are demanding that Fine be censured, because, after all, tearing down American culture is part of the current party’s mission.

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Ethics Quiz: No Applause, No Applause, No Applause!

/ Jack Marshall / 9 Comments

Hmmmm…

In Tacoma Park, one of the most woke and wonderful communities in already insufferably progressive Maryland, Mayor Talisha Searcy ordered the crowd at a recent city council meeting not to applaud the various statements made by citizens as the council sought comments on a study regarding the city’s rent stabilization laws.

“I just want to make sure I’m learning about how to facilitate civility within a community,” the mayor said as she ordered the audience to “refrain from cheering, booing, signs, all that good stuff” as well as applauding. Many in the crowd were not pleased. When a spectator shouted that prohibiting clapping is “undemocratic,” the mayor delivered the stunning theory that “clapping for some and not all is not democratic” and that “we have to allow for people to feel safe to say what they feel.”

Okay, she’s an idiot, an ethics dunce, an expired hippie, and the most obnoxious species of progressive squish. These are the kinds of people,who demand that nobody at a meeting ever condemn even the most brain-dead idea because it might hurt the feelings of the dim bulb who offered it. Searcy is the kind of person who loves the passive-aggressive “I hear you” that usually means, “but I’m going to forget you ever said anything so stupid.”

There is no defending her claim that “clapping for some and not all” is undemocratic. However, I am interested in whether it is ever ethical to ban positive reactions, politely expressed.

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Comment of the Day: “Ethics Quiz: Rep. Fine’s ‘Islamaphobic’ Quote”

/ Jack Marshall / 11 Comments

[Apologies to all: I was so eager to get Steve’s Comment of the Day up that I forgot to add the headline!]

The historically literate, unrestrained Ethics Alarms veteran commenter Steve-O-in NJ returns to the familiar (to him) Comment of the Day podium making the case that Rep. Fine was not being one bit unreasonable and certainly not “Islamophobic” when he responded to a New York City Muslim activists assertion that dogs should not be kept as pets in the Big Apple with the quip, “If they force us to choose, the choice between dogs and Muslims is not a difficult one.”

In casual conversation about Fine’s line (not to be confused with “a fine line” ) I have yet to encounter anyone who doesn’t feel he got the better of the exchange. One lawyer friend, known for his combative courtroom style, opined that the woman’s ‘Islam is right that dogs are dirty’ remark was such a metaphorical hanging curve ball that it would have been unethical not to hit it out of the park.

Here is Steve-O-in-NJ’s Comment of the Day on the post, “Ethics Quiz: Rep. Fine’s ‘Islamaphobic’ Quote”:

***

Islamic attitudes toward dogs vary. Some think of them as okay to use as working animals (herding, hunting etc.), but not pets. Judaism also for a time was anti-dog, and I think that ported over to Islam, same as the rule against pork.

I for one have never owned a dog, but I have known many, and I think they are useful in a number of ways, including as companion animals. They assist the disabled, protect and direct livestock, find people (or bodies), save those stranded on mountains, assist the emergency services, and even tow carts with Christmas trees or other evergreen decorations (the Bernese Mountain Dog is the usual breed for this). I’ll take a large gentle dog or an affectionate energetic dog (little yappy dogs are not my thing) over a hyper-religious neighbor who wants to tell me what to do any day. I’ve said a few times that Islam is not compatible with Western values, and this is just one other reason why it isn’t.

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Ethics Observation on the Larry Bushart Fiasco

/ Jack Marshall / 11 Comments

Do read this New York Times story [gift link]about Larry Bushart, a progressive Facebook addict who was arrested and spent 37 days on jail after being arrested on the theory that a meme he posted (that he didn’t create) was a “true threat” and thus a felony. He was held on a two-million dollar bond. I mentioned the case last November, but had limited information then.

Believe it or not—I can barely believe it—the meme above is what got Bushart arrested! Eventually the charges were dropped, but understandably, the 61-year-old retired police officer isn’t posting memes on Facebook any more, and is hesitant to express his contrarian opinions on social media. In a real sense, his free speech has been “chilled” by state action…state action that was unethical, illegal, an abuse of discretion and power, and mind-numbingly stupid. It is also a cautionary tale.

Observations:

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Ethics Quiz: The I.C.E. Endorsement

/ Jack Marshall / 18 Comments

Sarai Jimenez, a special education teaching intern at in Pajaro Valley School District’s Watsonville, California-based MacQuiddy Elementary, endorsed the presence of I.C.E. officers in her town in a comment on Facebook last month.

“Yay!!! We need ICE in Watsonville!! It’s been getting out of hand,” Jimenez wrote, as you can see above. But the parents in Pajaro Valley Unified School District, where 84% of students are Hispanic and, given California’s sanctuary state aspirations, might belong to families with one or more illegal immigrants, considered Jimenez’s support for ICE….that is, enforcement of U.S. law…unconscionable. Many complained, and Jimenez was placed on leave from her job in Pajaro Valley School District. It appears that she will be fired, if she hasn’t been already.

“You can’t just tell the world how you feel and not expect repercussions from people because of how they feel about I.C.E.,” local parent Jorge Guerrero said. If I were awake completely, which I’m not, I would compose several alternate versions of this statement with provocative substitutes for “I.C.E.”

Jimenez tried to save her job by groveling a politician-style denial rather than an apology,“I’m sorry that the comment was taken out of context,” she told reporters. “But my actions speak so much louder than all those hateful bullies’ words.” The hateful bullies are the ones who bombarded her with threats and insults until she took down her Facebook page. “You are a shameful disgraceful disgusting woman,” one critic wrote.

Predictably, though apparently not by the interning teacher, the school administrators sided with the bullies if not their methods (although firing someone for supporting law enforcement is a lot more harmful than insulting her).

MacQuiddy Elementary Principal Sara Pearman said in a statement that Jimenez’s comment “does not reflect the values” of the school or district.

Hmmmm…

Your Ethics Alarms Ethics Quiz of the Day:

Is it ethical to fire Jimenez for expressing support for law enforcement officials doing their jobs?

I think this is a close call. Some points:

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Ethics Quiz: The Deranged Librarian

/ Jack Marshall / 14 Comments

I know I still haven’t written the promised post defining standards for diagnosing Trump Derangement. In posts like these, however, I am amassing evidence.

Morgan L. Morrow, a 39 year-old librarian at Jackson County Public Library in Ravenswood, West Virginia, used her TikTok account to call for the murder of President Trump, writing, “Surely a sniper with a terminal illness can’t be a big ask out of 343 million.”

Then she really went on a roll with this mad screed:

“If you voted for him, if you didn’t vote, if you voted independent, genuinely, I hope you get shot in the face three times at point-blank range or I hope you get shot in the back while on your knees being pistol-whipped. If any part of you thinks that I wouldn’t say that if I knew who you are? I have a pretty good idea of who you are, you haven’t hidden your ignorant villainy nearly as well as you think you have. And I said what I said.

This isn’t intolerance or woke hatred, it’s reactionary. You had a hand in what is happening today and I can only hope that one day you suffer as much as the immigrants, the people of color, the LGBTQ+ people have suffered for generations and how much mothers and nurses are suffering right now because you actually condemned them to this injustice with your vote. We ‘told’ you what would happen and you ignored us. In 2016, I was ‘fear mongering’ and even when they described it to you point by point in Project 2025, you actively made the choice to be willfully idiotic. No, and I mean NO amount of apologies or excuses will ever earn my forgiveness. You are as stupid and evil as your red cap leader and I hope you rot in hell with him.”

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