First Amendment

When Law Co-Opts Ethics: Florida’s Unconstitutional Pro-Gun Doctor Gag Law Upheld

/ Jack Marshall / 75 Comments

Unbelievable!

“See doc? That’s what you get for shooting your mouth off! Get it?”

A federal appeals court this week upheld an NRA-crafted Florida law making it illegal for doctors to ask questions and record information about a patient’s gun ownership. Medical groups had challenged the law, arguing that it infringed on doctors’ First Amendment rights.

Which it does. The law is an outrageous incursion on free speech in order to protect gun owners from unwelcome anti-gun lobbying by their physicians.

Among other restrictions, the law says doctors must refrain from asking about gun ownership by patients or family members unless the they believe in “good faith” that the information is relevant to medical care or safety. It also prevent doctors from discriminating against patients or “harassing” them because of owning firearms, which presumably means that it is illegal for a doctor to tell a patient, “You’re too clumsy to own a gun, and if you blow your damn face off, don’t come crying to me.”

“The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,” said the 2-1 majority opinion, written by Judge Gerald Tjoflat and joined by Judge L. Scott Coogler.

Dissenting Judge Charles Wilson argued that the law violates the First Amendment rights of physicians:

“Simply put, the act is a gag order that prevents doctors from even asking the first question in a conversation about firearms. The act prohibits or significantly chills doctors from expressing their views and providing information to patients about one topic and one topic only, firearms.”

I don’t see how anyone can dispute that analysis. I especially don’t see how the other two judges dispute it.

Doctors shouldn’t use their position of influence to try to impose their political, social and life-style views on patients. If the American Medical Association wants to declare that to be an unethical abuse of a doctor’s status and a patient’s trust, I wouldn’t complain. The law, however, has no more business telling doctors that they can’t advise their patients that owning guns may be bad for their health or their neighbor’s health than it has making it illegal for doctors to tell patients that Donald Trump is just what this country needs in the White House. What’s next, telling dentists that they can’t tell you about their brilliant kids while they’re poking around your mouth?

The state doesn’t have to get involved in what patients and doctors talk about, shouldn’t, and mustn’t. This is a job for ethics, not law. If a doctor won’t stop telling you that the Second Amendment should be repealed, the remedy is easy: tell him to shut up, or you’ll find a new doctor.

Or just shoot him.

Kidding.

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Pointer: Legal Ethics Forum

Incompetent Elected Official of The Month: Louisiana Governor Bobby Jindal

/ Jack Marshall / 21 Comments
You're supposed to know all this BEFORE you run for President, Bobby...or Governor, for that matters.

You’re supposed to know all this BEFORE you run for President, Bobby…or Governor, for that matter.

The Westboro Baptist Church has threatened to picket the funerals of the victims of the Lafayette theater shooting.

Governor Jindal, an alleged Presidential candidate, thinks that the First Amendment doesn’t apply to them, despite a well-publicized Supreme Court decision to the contrary. “If they come here to Louisiana, if they try to disrupt this funeral, we’re gonna lock them up,” Jindal said on “Face the Nation.”. “We won’t abide by that here…Let these families grieve in peace.”

Hmmmm. Appealing to ignorant voters. Grandstanding. Pandering. Abuse of power.  Talking as if the Constitution doesn’t exist. Threatening to break the law. Sounding like an idiot blowhard.

Just the guy to give Donald Trump a run for his money.

 

Four Ethics Dunces And An Unethical Quote Of The Week Double Feature: The Wallingford, Connecticut Mayor And The Anti-Defamation League

/ Jack Marshall / 41 Comments
Beware of Nazi fleas!

Beware of Nazi fleas!

“I had to check with the chief over what is actionable and what isn’t,” according to the mayor. “Unless something violates state or federal law, there’s no jurisdiction for government to do anything. We had to ask, is it something controlled by law?”

—-Wallingford, Connecticut Mayor William W. Dickinson Jr, explaining why his ignorance of Constitutional rights compelled him to check with the police after a hysteric freaked out over a flea market that was selling Confederate and Nazi themed items, and called 911 and the mayor’s office in a panic.

“It’s unfortunate that under the law people have the right to sell these things; but it doesn’t mean they should sell these things.” 

—-Joshua Sayles, assistant regional director of the Anti-Defamation League in Connecticut, expressing his regret that the Constitution includes the First Amendment and a right to Free Speech.

The Wallingford resident who called 911 said he “was shaking and almost vomiting. I had to run.” He told 911 there were helmets with swastikas, images of Hitler and other historical Nazi items.  He complained that the Confederate items were “not authentic” and were replicas of flags and weapons.

The appropriate response to this individual is: grow up. People do things, like things, say things, believe things, sell things, buy things and think things you may not like, and your proper response if you are offended is to leave the scene,  put it out of your mind, make a personal complaint to the individual or individuals in question to express your disagreement if you feel you have to, and then go away.  You have no right to sic the law on them. You have no right to stop them. Calling 911 is an abuse of the service. Ethics Dunce #1. Continue reading →

More Obama Administration Abuse of Power In The Service of Political Correctness

/ Jack Marshall / 20 Comments

 redskins

From the Washington Post:

Efforts to lure the Washington Redskins back to the District have come up against a potentially insurmountable challenge: the Obama administration’s objections to the team’s name.Interior Secretary Sally Jewell told D.C. Mayor Muriel E. Bowser this spring that the National Park Service, which owns the land beneath Robert F. Kennedy Memorial Stadium, was unlikely to accommodate construction of a new stadium for the Redskins unless the team changes its name.

Jewell oversees both national park land and America’s trust and treaty relationships with Native American tribes.Her decision not to extend the District’s lease of the RFK land badly hinders Bowser’s bid to return the Redskins to D.C. — and boosts efforts to lure the team across the Potomac to Northern Virginia.

It is also a blatant abuse of government power and an  insult to the spirit and intent of the First Amendment of the Bill of Rights. Continue reading →

Surely There Is A Gay John Adams In Oregon Who Will Fight The State’s Outrageous Persecution Of The Kleins…Isn’t There?

/ Jack Marshall / 27 Comments
Come on, John, I know you're out there....

Come on, John, I know you’re out there….

Even if one believes that the refusal of  Sweet Cakes  to make a wedding cake for a gay couple was a dubious exercise of religion as well as a mean and petty one, the astounding punishment levied on the now defunct bakery’s owners must be condemned as an abuse of power.

Having already lost their bakery business due to mob action online by Gay Marriage Advocate Furies, Aaron and Melissa Klein were walloped by former Oregon Labor Commissioner Brad Avakian with a $135,000 judgment  for “emotional damages” to the couple. He also issued a gag order on the ex-bakers that forbids the Kleins from explaining to potential customers of Sweet Cakes their anti- same-sex wedding policies.

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UPDATE (7/9): This is, I have learned, an overly simplistic description. Ken at Popehat explains what’s really going on as far as the “gagging” goes.

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Of course—I guess I can’t really say “of course” if such a travesty can occur—no state can order anyone not to talk about anything in such a situation. The unconstitutional gag order is essentially moot, since to violate it the Kleins would have to still own a bakery and they do not, but it still acts to intimidate others and chill freedom of speech. It must be challenged and overturned. The fine is also unconscionable, and effectively makes villains out of the originally aggrieved couple if they don’t immediately agree to waive it. There is a duty in law to mitigate damages: the couple could and did minimize the harm of their cake request’s rejection by obtaining a wedding cake elsewhere. The Kleins didn’t stop them from getting married, and any harm that came to them from the publicity of their humiliation by the bakery was exacerbated by the couple’s own actions, not the Kleins’. $135,000? That’s beyond punitive. That’s vengeance. Continue reading →

The Great “Gotcha!”: Walmart Exposed As The Cynical Corporate Hypocrite It Is

/ Jack Marshall / 20 Comments

ISIS-Cake

I don’t generally approve of “gotchas,” but you have to love this.

After Walmart’s CEO piously announced that his chain aims to never offend a single customer and was thus banning everything with a Confederate flag in it, on it, or around it, Chuck Netzhammer went to a Walmart in Louisiana and requested a cake decorated with the taboo flag’s image. He was refused. Then he asked to have a cake decorated with the ISIS battle flag. Walmart happily obliged! After all, who’s offended by ISIS?

Netzhammer then posted a video memorializing Walmart’s hypocrisy, saying on it that the Islamic State “is beheading Christians, selling little girls into slavery and is currently a terrorist org at war with the United States — but you can’t buy the General Lee toy car …?”

Yup, that’s about the size of it. Continue reading →

Unethical Quote Of The Month: Walmart CEO Doug McMillon

/ Jack Marshall / 50 Comments

White-Flag“We don’t want any of the merchandise that we sell to be offensive”

—-Walmart CEO Doug McMillon, explaining to FOX Business Network host Maria Bartiromo why the retail chain was pulling all Confederate flag-themed merchandise. In another interview, with CNN Money, McMillon said that “We just don’t want to sell products that make anyone uncomfortable.” The Walmart announcement tarted a stampede of many large retailers to dump the flags and items with the flag design.

And thus did the CEO of a major U.S. corporation wholeheartedly endorse the speech- and thought-suppressing ideology of political correctness bullies, “hate speech” censors, and progressive fascists.

This widespread capitulation to a wildly irrational reaction to a single tragedy authored by a single individual is, for Democrats and race-baiters, a masterpiece of cognitive dissonance manipulation, one that should be a terrific case study in future psychology classes.

Because Dylann Roof was photographed with a Confederate flag, and because his racist church massacre occurred in a state that has obnoxiously and irresponsibly insisted on flying that flag despite its legitimately offensive connotations to many of its citizens, the flag was linked to the murders so viscerally that to defend its display was regarded by the news media, pundits, bloggers and, consequently, public opinion, as tantamount to supporting the killer. Naturally, politicians and businesses ran for cover, and whatever their previous stances on the issue, instantly flip-flopped to declare the Confederate flags the equivalent of Nazi swastikas.

Well-played, speech police. I am in awe. Continue reading →

KABOOM! The Fascist School Superintendent Who Is Training Children To Think Like Senator Sheldon Whitehouse

/ Jack Marshall / 29 Comments
Bad one. Been building for a while.

Bad one. Been building for a while.

Explain to me why this story isn’t national news, while a principal pulling a valedictorian off the graduation program when he insisted on making graduation a vehicle for his coming out as gay—to his parents—is. Never mind. We both know know. Journalists see discrimination and homophobia even where it isn’t, but fascism increasingly bothers them less and less.

That’s because, I fear, they are Democrats. I will return to this surprising and alarming theme in a moment.

At Northwest Mississippi Community College, where the graduation ceremony for Senatobia High was held,  the superintendent asked the crowd not to scream or cheer and to hold their applause until the end. As always happens—always, always,always––a few relatives couldn’t contain themselves. Four guests shouted various felicities and exhortation to their graduates out of turn

They are strict in Mississippi: all four were kicked out of the event.

But that’s not all. They are really strict in Mississippi: Senatobia Municipal School District Superintendent Jay Foster filed ‘disturbing the peace’ charges against the people who yelled at graduation, and police  issued warrants for their arrests with a possible $500 bond.

KABOOM!

Well, my head’s been threatening to explode for quite a while now*, and this finally did it, big time. Congratulations Jay Foster, you foolish, unethical, unkind, tin-god fascist. You did it.

Foster refused to be interviewed on camera, but told the media that he’s determined to have order at graduation ceremonies. I recommend snipers, Jay. Or maybe duct tape. This fascist idiot is responsible for educating children! Does he realize he’s educating them to be…Democratic Senators? Continue reading →

Incompetent Elected Officials Of The Month: The Connecticut State Senate

/ Jack Marshall / 27 Comments

The Connecticut Senate this week approved a probably unconstitutional bill requiring all Connecticut colleges and universities to adopt the “yes, means yes” policy when it comes to sexual consent, similar to California’s cypto-fascist law. The bill dictates a completely unenforceable standard for sexual consent It was bi-partisan fascism, and passed 34-1. Sen. Joe Markley, R-Southington, was the lone vote against it.

According to the bill’s champion, Sen. Mae Flexer, D-Killingly,  it is “is redefining the definition of consent.” She explains that under the law, college students would be required to “say yes” or indicate nonverbally through “physical cues” that they are willing to have sex with another college student. And what “physical cues” would qualify? How about eye contact, and the kind of communications that we celebrate in the arts and literature? What about the “look of love” that Dusty Springfield sang about? Enough, Mae? How would schools enforce such a law? Cameras in every room? A panel of “physical cues” experts, watching every possible sexual encounter? Continue reading →

“Piss Christ” and Garland

/ Jack Marshall / 68 Comments

Piss-Christ

Ethics Alarms participant Other Bill raised “Piss Christ” on the comment thread to my post about the Garland, Texas attack, progressives’ and news media’s “hate speech isn’t free speech” confusion, and Geller’s supporters’ “gratuitously uncivil speech is laudable” delusion. He posted a column by George Parry, published under the heading “Think Tank” on a Philadelphia site. I’m grateful to Bill for raising the column, which he neither endorsed nor criticized. Titled Double Standard on Offending Christians and Muslims, Parry’s argument was…

  • “Christians objected to “Piss Christ” and the feces-covered Holy Virgin. And they rightfully wondered why their tax dollars had been used to promote these blasphemies. But their objections and questions were condescendingly dismissed by the secular left in the media and intelligentsia. …
  • “As if in one voice, the mainstream media and self-anointed intelligentsia argued that antiquated religious sensitivities must not be allowed to interfere with either an artist’s free expression or his right to government funding regardless of how offensive his work may be to Christians….”
  • “In Garland, Texas, on Sunday, two radical Muslims died trying to replicate the Charlie Hebdo massacre by mounting an armed attack on a “draw Mohammed” cartoon contest. We are not talking about drawings of Mohammed dunked in urine or smeared with animal dung. No, the gunmen apparently deemed the mere drawing of Mohammed to be an offense punishable by death…The overall media consensus has been to blame the intended murder victims for recklessly provoking the terrorists. Such provocation, we are told, is unacceptable and irresponsible behavior given the risk of retaliation by offended radical Muslims…”
  • “Better to question the wisdom of cartoonists exercising their rights than to acknowledge and vigorously confront and expose the elephant in the room, i.e., that there is a disturbingly large number of radical Muslims in this country who oppose our Constitution and who believe that murder is an appropriate sanction for those who offend Islam….”
  • “All of which leads to this question: Given their pusillanimous double standard, why should any reasonable or serious person believe, respect, or credit the self-serving mainstream media?”

That’s not the question. First of all, there is already no reason to believe, respect, or credit the mainstream media. Second, while Parry is correct that the analysis of the issues in the Garland attack have been largely incompetent and tainted by media dislike of Geller and journalism’s own cowardice (most news outlets were afraid to show the Charlie Hebdo cartoons, even though they were essential to reporting on the Paris massacre), his analogy with “Piss Christ” is no better.

The questions are… Continue reading →