Rights

FIRE Fights To Maintain Neutrality, Objectivity, Fairness and Integrity

/ Jack Marshall / 16 Comments

I’m not sure that’s possible in this situation.

FIRE is in Ethics Zugzwang.

The Foundation for Individual Rights and Expression bravely and admirably expanded its mission when it became clear that the ACLU no longer cared about protecting the rights of all Americans, just those whose political views it supported. Now the expanded FIRE is trying its mightiest to maintain a politically neutral stance while involving itself in the current rebellion against the rule of law and immigration enforcement in the “sanctuary” states and cities.

Stipulated: This is unquestionably the right position for a civil rights watchdog to take. I also believe it is a position that cannot be effective or even coherent.

The latest statement by FIRE is an essay on its website called “The Alex Pretti shooting and the growing strain on the First Amendment.” Everything in the essay is fair and accurate. Unfortunately, FIRE’s position is likely to get people killed, as fair as it seems. Or in the immortal words of my father’s favorite epitaph,

He was right, dead right

As he sped along

But he’s just as dead

As if he were wrong.

The points FIRE makes about Pretti are arguably legitimate:

Whatever comes of the investigation, this moment demands a reaffirmation of basic First Amendment principles that the administration increasingly undermines by collapsing protected expression into criminal conduct.

First, Americans have a right to protest peacefully. That right doesn’t depend on the cause or politics involved. Whether you are protesting immigration enforcement, the president, abortion, or COVID-19 restrictions, you have a right to go outside and make your voice heard. But the administration has shown a pattern of hostility toward this nation’s long tradition of peaceful protest and dissent, including threatening demonstrators with “very heavy force” and targeting universities and foreign students over protest activity. In September, the administration released National Security Presidential Memorandum 7, which links disfavored viewpoints to domestic terrorism, notably “extremism on migration,” a term left undefined. 

Second, Americans have a right to observe and record law enforcement officers performing their duties in public. Government officials sometimes abuse their power or make mistakes, and public observation and recording are essential tools for documenting misconduct and holding officials accountable. Nobody has a right to physically interfere with law enforcement. But officials have claimed — incorrectly — that it’s illegal to follow and videorecord federal agents or to share photos and videos of them online. Just last Friday in Maine, video revealed a masked ICE agent telling a woman recording him that he was taking pictures of her car because “we have a nice little database and now you’re considered a domestic terrorist.” 

The administration’s invented or distorted definitions of “impeding,” “obstructing,” or “doxxing” have no basis in the law and are inconsistent with the First Amendment. 

Third, Americans don’t forfeit First Amendment rights when exercising their Second Amendment rights. That was true when demonstrators opposing pandemic restrictions openly carried guns at the Michigan statehouse. And it’s true for those protesting immigration enforcement today. In some contexts, displaying the firearm itself is part of the expressive message. Threatening others with a firearm is plainly illegal, but legal carry cannot justify suppressing protected expression or using deadly force.

All true, and also, “Yes, BUT…”

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Ethics Quiz: the Narcissist Nurse

/ Jack Marshall / 14 Comments

The woman above, a nurse at a Georgia hospital, was told to go home and not to come back to work until she got rid of her flamboyant (I’m being nice) hair style. The woman—I don’t care what her name is—claims that the ‘do is culturally significant, whatever that’s supposed to mean. She also claims that it doesn’t interfere with her job, which I would dispute, and that the hospital is discriminating against her race by telling her that is isn’t professional to dress up like an exotic bird …

…to care for sick people.

I think the lawsuit is a loser: I’m sure the administrators will say convincingly that no one, male or female, black, white or puce, would be allowed to work with that on their head. The woman is an exhibitionist. Personally, I would be wary of trusting any hospital that allowed someone with such dubious judgment and misaligned values to be charged with patient care.

Also, as someone whose week long stay in a hospital last summer featured being awakened out of a deep sleep to have some nurse’s head four inches from my face, the sight of that hat hair could spark a cardiac episode.

But hey! I can be convinced otherwise. So that’s why…

Today’s Ethics Alarms Ethics Quiz is…

Is a nurse who wears her hair like that meeting minimal professional standards?

Comment of the Day: “Banning Thoughts, Positions and Ideas in Higher Education Is Unethical and Unconstitutional….But Is Cultural and Values Surrender the Only Alternative?”

/ Jack Marshall / 3 Comments

Today became Frightening Mainstream Media Bias Saturday without my intention, so I’m going to shift gears to the other site of the massive Leftist societal and cultural manipulation, our conquered educational system. This Comment of the Day from one of EA’s resident authorities on the topic, will do quite nicely. Incidentally, I am a bit behind in my Comment of the Day posting. I’ll catch up, I promise.

In the meantime, here is Michael R.’s Comment of the Day on the post, “Banning Thoughts, Positions and Ideas in Higher Education Is Unethical and Unconstitutional….But Is Cultural and Values Surrender the Only Alternative?”…

***

There is a solution, but it cannot be implemented because of the corruption of the judiciary. The state schools are clearly in violation of numerous discrimination laws and they should be held to account.

Boys are being discriminated in schools. Look at the current performance of boys vs. girls in GPA and test scores below.

Now compare this to the 1975 – 1995 figures here. This is clearly a Title IX violation.

It is claimed that 20% of elementary school teachers are male, but I haven’t seen that and I doubt you have either. The real number is probably closer to 95% female. I am pretty sure this is clear evidence of sex discrimination by the schools and needs to be remedied. The 4 elementary schools my son went to had no, zero, male employees. Not even a janitor was male. This is clearly sex discrimination and should be remedied immediately.

Surveys show that at least 65% of public schoolteachers are Democrats. In the universities, it is MUCH higher. This type of viewpoint discrimination should not be allowed in public schools and the states need to outlaw it. The problem is, if you allow Democrats to be hired and they are allowed to determine hiring, the place becomes all Democrat eventually because Democrats are a cult that puts cult loyalty before merit. The concept of merit is considered evil to them. A solution would be to exempt Republicans from the taxes that support the schools (“Here is my Republican Card. This entitles me to a 60% property tax discount and a 3% sales tax discount”) or state-paid tuition at the private school of their choice. Since the schools are partisan, only that party should be required to support the schools.

The college population has been majority female since 1973 or 1974 (depending on if you define it as 50/50 or percentage of the population. Women are currently 61% of college students. The number in many surveys is below 60%, but it has been above 60% for some time in my experience. This is a massive Title IX violation.

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Banning Thoughts, Positions and Ideas in Higher Education Is Unethical and Unconstitutional….But Is Cultural and Values Surrender the Only Alternative?

/ Jack Marshall / 20 Comments

Greg Lukianoff is the president and chief executive of the Foundation for Individual Rights and Expression, which has taken over the non-partisan role of First Amendment protector that the ACLU abandoned over a decade ago. In an essay for the New York Times titled, “This Is No Way to Run a University” (gift link), he easily smashes some low hanging conservative fruit: Texas A&M University introducing policy changes aimed at a sweeping review of course materials aimed at purging state disapproved assertions about about race and gender ( according to a bill passed last spring by the Texas Legislature) from woke curricula.

The bill is almost certainly unconstitutional as state forbidden speech. Lukianoff highlights the fact that the law was interpreted at Texas A&M as mandating the elimination of some Plato works from a philosophy course on how classical ethical concepts apply to contemporary social problems, including race and gender. That is clearly a ridiculous result. The free speech activist writes in part,

“Texas A&M seems to have concluded that the safest way to handle the ideas contained in a classic text is to bury them. This is no way to run an institution of higher education. University administrators and state lawmakers are saying, in effect, that academic freedom won’t protect you if you teach ideas they don’t like. Never mind that decades ago, the Supreme Court described classrooms as the very embodiment of the “marketplace of ideas”: “Our nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom…Within the Texas Tech University system, which has more than 60,000 students, a Dec. 1 memo warned faculty members not to “promote or otherwise inculcate” certain specific viewpoints about race and sex in the classroom. These include concepts like “One race or sex is inherently superior to another”; “An individual, by virtue of race or sex, is inherently racist, sexist or oppressive”; and “Meritocracy or a strong work ethic are racist, sexist or constructs of oppression.” The point isn’t that these concepts should just be accepted or go unchallenged; it’s that challenging them through a robust give-and-take is what universities are for.”

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It’s Time To Play That Exciting Game Show, “Worth Confronting or Too Trivial To Bitch About?”!

/ Jack Marshall / 13 Comments

Hello everybody! I’m your ethics game show host Wink Smarmy, and welcome to “Worth Confronting or Too Trivial To Bitch About?”,” the popular ethics game show where our contestants try to decide whether clearly unethical conduct is worth only a shrug and a giggle, or is serious enough to try to stop.

Here’s our special guest, Touchy McCrankface, with the problem he encountered recently…

“Hello, panel. My name is is Touchy McCrankface. For some reason I am still a Facebook user despite that platform banning my favorite blog Ethics Alarms for almost two years because one of their censors decided that it was racist to even discuss the topic of blackface’s appearance in some classic movies. When a Facebook friend  I actually care about has allowed his or her birthday to be announced on Facebook, I will sometimes, as I am prompted, wish that friend a “Happy Birthday.”

“I do not use the stupid and juvenile pre-programmed emojis Facebook tries to stick on my message, the little cakes, candles and party hats. Recently I sent just such a birthday message to an old friend. Let’s call him “Mike.”

After I sent my “Happy Birthday”,  Facebook sent me the equivalent of a receipt. I have no idea why. Maybe it has always done this, but I’ve never noticed one before, or if I have, I never bothered to read one. The message to me read,

“You wished Michael XXXXX a happy birthday on their profile.”

This, frankly, ticked me off. First of all, I knew that. But most of all, I don’t use the pronouns “they” and “their” for single individuals, as in “non-conjoined twins.” If you seem to be male to me, I will use the pronouns “You/he/him. If you seem to be female, I will use “You/she/her.” If I can’t tell, I won’t use any pronoun, constructing a sentence so that “misgendering” isn’t necessary, since men and boys don’t typically like being mistaken for women and girls, and vice-versa. If someone informs me that “he” wants to be refereed to as “she,” that’s fine: I aim to please. Similarly with 250 pound bearded bald guys who want to be called “she.” I’ll call you a pangolin or an Archaeopteryx if that’s what you want, as long as you don’t try to make me eat insects or worms with you. (Archaeopteryx is described as an “early bird,” and as we all know, the early bird catches the worm.)

But I will NOT agree to utter a grammatical monstrosity by using a plural pronoun in reference to one individual. And if you tell me you haven’t decided on your gender, or that it switches back and forth without warning, I will respond, most politely, “Please let me know when you make up your mind or get psychiatric help. Until then, you’ll be “him” or “her” to me.

But back to Facebook….My friend Mike has been married trice, has two grown kids and is as male and heterosexual, as well as unambiguously so, as anyone I have ever met. Who or what is Facebook to impose a plural pronoun on him, or to suggest that it is appropriate to do so in either his case or anyone’s case? 

I view this as subtle cultural indoctrination regarding a societal practice that is at best a stupid fad and at worst ‘grooming’.” 

Thanks, Touchy! Before I throw the challenge over to you, contestants, let me ask our resident ethicist, Jack Marshall, about Touchy’s dilemma. Jack, is this worth bitching about?

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Compelled Speech, Trick or Treat, and Sex Offenders

/ Jack Marshall / 8 Comments

A Missouri statute stated:

“Any person required to register as a sexual offender … shall be required on October thirty-first of each year to: Avoid all Halloween-related contact with children; Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies; Post a sign at his or her residence stating, “No candy or treats at this residence”; Leave all outside residential lighting off during the evening hours after 5 p.m.“

Sanderson v. Hanaway, decided yesterday by Eighth Circuit Judge Jane Kelly and joined by Judges James Loken and Ralph Erickson, struck down the part of the law that required the sign as “compelled speech,” a First Amendment violation. Using the “strict scrutiny” test that requires a compelling state interest and a provision that is “narrowly structured” to minimize the burden on individual rights, the Court found the mandatory sign provision unnecessary and unreasonable given the law’s other requirements.

I agree. The sign mandate amounted to a required “I am a registered sex offender” declaration. On Halloween, that kind of message is likely to attract a lot worse “tricks” than toilet paper on some trees. Ethics Alarms has visited this issue repeatedly, most recently in May of 2025, but the harassment and persecution of sex offenders already raises serious ethical questions, including “pre-crime.” The whole law seems like gratuitous virtue-signaling using an already persecuted group as a cheap target. The rest of the law, however, was upheld.

An amusing note on the Trump Derangement front: even a legal report on a Missouri Halloween law managed to be twisted into a justification for an anti-Trump slap. “This is good news for Trump, but it would have been hilarious to see him forced to put that sign outside of the White House,” writes a commenter at The Volokh Conspiracy.

What assholes these people are….

Unethical Quote of the Year (2026): New York Mayor Zohran Mamdani [Updated]

/ Jack Marshall / 10 Comments

“We will replace the frigidity of rugged individualism with the warmth of collectivism.”

—New New York City Mayor Zohran Mamdani in his speech yesterday to too many ignorant voters who have no idea what he’s talking about and what they are in for.

Choosing that “Bananas” clip from the Ethics Alarms Hollywood clip archive was too easy; not only is it one of my favorites, but other pundits and social media wags has already made the connection to Woody’s Allen’s fictional South American country of San Marcos. And Mamdani’s open embrace of communism in that sentence was, indeed, bananas. I am sorely tempted to just leave the post at that: it’s res ipsa loguitur. It speaks for itself.

Yet it doesn’t speak for itself: that’s the scary part. That is what our education system’s collapse into incompetence and indoctrination has brought us. “Those who cannot remember the past are condemned to repeat it,” wrote George Santayana in his 1905 book, “The Life of Reason.” The average American not nearing retirement age is likely to say, upon hearing Mamdani’s seductive threat, “Collectivism! Sounds good to me!” as well as “Who’s Santayana?”

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Remembering “Lynch v. Donnelly,” When SCOTUS Saved Public Manger Scenes With “The Reindeer Rule”

/ Jack Marshall / 6 Comments

Before you make a public statement that will guarantee that you will become a poster-mayor for the usual “War on Christmas” battles, it might be wise to check legal history regardless of which position you take.

Mayor Miko Pickett, the “historic” first black mayor of Mullins, South Carolina, ordered this season’s Nativity scene removed from a public parking lot due to “separation of church and state.” The town happily ignored her. Not surprisingly, she had based her decision on “diversity” and “inclusion” principles and the “separation of Church and State.”

Naturally, she opted for the politically correct “Happy Holidays.” But the mayor may have had a point.

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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 [Corrected]

/ Jack Marshall / 1 Comment

Larry 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.

The Bushart case reminded 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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