First Amendment

Ethics Dunces: Conservative Supporters Of Self-Appointed Censor Mom, Judy Cox

/ Jack Marshall / 48 Comments
Judy Cox, saving America one T-shirt at a time...

Judy Cox, Wacko, saving America one T-shirt at a time…

Conservatives just can’t help themselves, it seems.

They can’t avoid undermining their historically vital role in counterbalancing the process of societal entropy and the degrading of individual liberty by central state control, by periodically making themselves and their philosophy look so hypocritical and ridiculous that their power to persuade is crippled. One traditional way conservatives ensure that they will be reviled and mocked by anyone under the age of 50, even when the are right, is their addiction to celebrating censorious wackos who seem to have been only recently unfrozen from the glaciers that have imprisoned them since around 1954.

This afternoon I watched with my jaw agape as a panel of “experts” on Fox cheered the ridiculous actions of Judy Cox, who was horrified to see T-shirts sale for in a Utah college town store  that sported the images of winsome women in scanty attire—you know, like one can see on television every hour of every day, but more dignified.  Judy, who was concerned for the sensibilities of her 18 year-old son (also known as “an adult”) and those like him whose morals will be permanently warped by such images, promptly had a cow:

“Cox said she complained about the window display to a store manager and was told the T-shirts couldn’t be taken down without approval from the corporate office. She then bought all 19 T-shirts in stock, for a total of $567. She says she plans to return them later, toward the end of the chain store’s 60-day return period. The shirts cost about $28 each on the website for PacSun, which sells beach clothes for teenagers and young adults.“These shirts clearly cross a boundary that is continually being pushed on our children in images on the Internet, television and when our families shop in the mall,” Cox said in an email to The Associated Press.”

That’s not all: Continue reading →

We Are All Dan Snyder Now

/ Jack Marshall / 74 Comments

Washington-Redskins

…and isn’t that a revolting development?

Few things infuriate me more than when unethical conduct by an individual or organization force me to side with the supporters of a position or a cause that I oppose myself. Last year, to cite the most egregious example, I found myself in the same camp with the National Rifle Association, Ted Nugent and worse when anti-gun zealots, uncritically backed by the news media, used dishonest, misleading, irrational and emotional appeals to try to pass more stringent gun ownership regulations on the wave of national horror over the Sandy Hook shooting. Indeed, the more fake statistics and shameless slippery slope arguments (“If we can save the life of only one child…”) that were aimed at guns and  law-abiding gun owners, the more I saw the wisdom of Second Amendment absolutism.

Thanks to the exorbitant and irresponsible rhetoric by the likes of Diane Feinstein, Joe Biden, Andrew Cuomo, Piers Morgan, Jim Carrey and others—Don’t tell ME what I “need” to protect my family and home; there’s a possible serial killer on the loose in my Alexandria, Virginia neighborhood at this very moment who has been randomly knocking on doors and shooting people—I no longer trust the government to make rational decisions that affect my options as a potential gun owner. Good work, guys. Before you started using kids as props, lying about the number of shootings, and sounding for all the world like a nation trying to make sure only the government could own legal weapons, I was a supporter of more stringent firearms regulations. You lost me. I am officially convinced that we may need  guns to protect ourselves against power-abusing people like you.

Now members of  Congress are trying to strong-arm Washington Redskins owner Dan Snyder into changing the name of his football team, using the power of the government to pressure him, through the National Football League, into bending to their will on a matter that is absolutely none of their business. Great. Now I have to stand shoulder to shoulder with Snyder, whom we in the Washington area know as a spoiled rich kid, a bully, an egomaniac and a meddling fool who has progressively reduced the region’s beloved football team to tragic joke.

And you should stand with him too, if you think our Bill of Rights is worth preserving. Continue reading →

Our Incompetent Media, Making America Ignorant, Case # 58755

/ Jack Marshall / 16 Comments
Mike Ferrin, making up Constitutional law as he goes along...

Sirius-XM’s Mike Ferrin, making up Constitutional law as he goes along…

Driving along, minding my own business, on the way to picking up some cranberry juice and dishwasher detergent, I chanced to turn on channel 89 on Sirius-XM, where, by no special intent of mine, the baseball show “Power Alley,” with hosts Mike Ferrin and Jim Duquette (the latter a former and probably future big league general manager) was covering the A-Rod suspension story, currently the hottest scandal in sports.  Ferrin is a baseball commentator, and he was railing about the statement of a lawyer, quoted on the show, that it was Alex Rodriquez’s refusal to testify at his hearing before a union arbitrator that sealed his doom and resulted in his season long suspension by Major League Baseball being upheld.

“What about his Fifth Amendment rights?” Ferrin was saying. “I am very disturbed by this. Rodriguez doesn’t have to testify! He has every right to refuse! I find it very disturbing that we are being told that a man lost his livelihood because he asserted his rights as an American! It’s just wrong!”

At this point, my car is weaving all over the road as I try to find my cell phone to call the show (I had left it at home) and scream. The Fifth Amendment, which among other things protects citizens against compelled testimony against themselves under threat of government action, has nothing to do with Alex Rodriquez and his arbitration hearing—-Mike Ferrin, you incompetent, blathering fool. The Fifth Amendment does not apply to private proceedings, of which a labor grievance arbitration is one.  Continue reading →

Ethics Dunce: Actress Jennifer Lawrence

/ Jack Marshall / 34 Comments

Walters and Lawrence

Jennifer Lawrence is a young break-out movie star. She’s talented and charismatic. Now she need to learn that people pay attention to what celebrities think and say, too much so, in most cases, and she either needs to improve her knowledge base to say, 7th Grade level, exercise judgment by not spouting irresponsible and ignorant opinions as if the national media was a typical blog comment thread, or shut up about anything weightier than what it is like to work with her co-stars and what she eats on location.

I point this out because, in a regrettable instance of the aged fool interviewing a newly-minted one, Barbara Walters—who just told Piers Morgan, on the topic of Barack Obama,  that “We thought that he was going to be – I shouldn’t say this at Christmastime, but – the next Messiah“—-interviewed Lawrence for Barbara’s upcoming  “Most Fascinating People of 2013” TV special, and Jennifer opined,

“I just think it should be illegal to call somebody fat on TV. If we’re regulating cigarettes and sex and cuss words because of the effect it has on our younger generation, why aren’t we regulating things like calling people fat?” Continue reading →

Ethics Quiz: The Case Of The Reasonable Gun Nut

/ Jack Marshall / 18 Comments
A voice of moderation in the gun control debate?

A voice of moderation in the gun control debate?

“Guns and Ammo Magazine,” a stalwart of gun rights advocacy,  fired contributing editor Dick Metcalf after he penned, and the magazine published, an editorial advocating moderate gun control.

In his opinion piece titled “Let’s Talk Limits,” Metcalf wrote in part,

“Way too many gun owners still seem to believe that any regulation of the right to keep and bear arms is an infringement. The fact is, all constitutional rights are regulated, always have been, and need to be….All U.S. citizens have a right to keep and bear arms, but I do not believe that they have a right to use them irresponsibly.”

The Horror. You would have thought he had come out for legalized cannibalism. Readers attacked the editor and the magazine on social media, and threatened to cancel subscriptions. “Guns and Ammo” editor Jim Bequette posted an apology to readers on the magazine’s website, saying he should never have run the column:

“In publishing Metcalf’s column, I was untrue to that tradition, and for that I apologize. His views do not represent mine — nor, most important, ‘Guns & Ammo’’s. It is very clear to me that they don’t reflect the views of our readership either. I made a mistake by publishing the column,” he continued. “I thought it would generate a healthy exchange of ideas on gun rights. I miscalculated, pure and simple. I was wrong, and I ask your forgiveness.”

Bequette not only announced that “Guns & Ammo” had fired the author, but also that he was leaving as well.

Your Ethics Alarms Ethics Quiz for today is…

Was “Guns and Ammo” unfair to fire Dick Metcalf for writing a moderate and thoughtful opinion piece advocating some gun controls? Continue reading →

Ayo Kimathi And The Freedom To Hate

/ Jack Marshall / 40 Comments

center_image

Ayo Kimathi, an African-American, is an acquisitions officer for Immigration and Customs Enforcement ( a section of the Department of Homeland Security), and has been, apparently without incident, since 2009.  He also operates and authors a web site, War on the Horizon, which predicts an “unavoidable, inevitable clash with the white race,” and explains how to prepare for it.

The latter fact is none of the government’s business, nor yours, nor mine, and certainly not that of Sarah Palin, who in her own inimitable style of making ignorance catchy and cute, exclaimed on her Facebook page, “His side ‘job’ running the ‘War On the Horizon’ website was reportedly approved by supervisors. Really, Fed? Really? Unflippingbelievable!”

No, it’s not. You can scour the government regulations and ethics requirements all you want—I have (Palin hasn’t.) There is nothing in them that prohibits a government employee in the Executive branch from espousing any political position he pleases, or that bans outside activities that do not interfere with the duties of the employee or constitute a conflict of interest. Nor should there be. As I read the rules, Kimathi had no obligation to ask permission to run his website, because his supervisor had no authority to stop him.

It is called freedom of speech, my friends.

Deal with it. Or rather, cherish it. Continue reading →

Slate’s Unethical “Redskins” Blackout

/ Jack Marshall / 20 Comments
You know what Redskins really means, don't you? It means standing up to political correctness bullies.

You know what Redskins really means, don’t you? It means standing up to political correctness bullies.

Via the usually rational reporter David Plotz, we learn that Slate has decided that the Political Correctness Gods will no longer allow the on-line magazine to use the name of Washington’s NFL team when it is reporting on Washington’s NFL team. This is, of course, presumptuous, arrogant, and lousy journalism. It is not the media’s job to re-make the world into what pleases them. Slate doesn’t like the Redskins name so it’s not going to publish it. This seems to be the current mode of operation in the media today–it is no longer dedicated to reporting and commenting on the news, but rather reporting and commenting on the news it doesn’t find “offensive.”

The Redskins, as a team nickname, is certainly the strongest case for those who believe in censorship of team names with ethnic or national origins. The NCAA has already gone way beyond any rational execution of that mission however, and even in the case of Redskins, an unquestionably racist term when applied to Native Americans, the objection to a sports  team name with supposedly negative historical implication has a lot of the “a chink in the armor” nonsense about it. For in Washington, D.C. and in football bars and Sunday afternoon gatherings, Redskins is not a slur, and does not refer to native Americans. It is the name given to a squad of NFL players who play pro football in the name of Washington, D.C., and a franchise that is worshiped in the city. When the name is used, it is not aimed at Native Americans or intended to denigrate them. It does not refer to Native Americans, and not intended to give offense. It is intended to designate the football team, because that is the team’s name. How can someone be offended at the use of a name that is not intended and is not a slur in the context of the use in question? There two answers to this: 1) Most people, including rational Native Americans, aren’t, and 2) Because such people want to be offended.

The name “Redskins” was never intended as a slur, as I have explained here before. Continue reading →

The Persecution of Paul Ogden, The Justin Carter Of Legal Ethics

/ Jack Marshall / 7 Comments
When you become a lawyer, Justin, don't do it in Indiana. Ask Paul Ogden why.

When you become a lawyer, Justin, don’t do it in Indiana. Ask Paul Ogden why.

He hasn’t been jailed like his teenaged, online-gaming counterpart, but Indiana attorney Paul Ogden is also facing government sanctions for what was an unequivocal First Amendment communication. In Ogden’s case, he may lose his right to practice law. His offense is insulting a judge…in a private e-mail.

Ogden represented a client before Superior Court Judge David H. Coleman, and was not happy with Coleman’s handling of the case. Neither were Coleman’s supervisors, who removed Coleman from the case for failing to act within an appropriate period of time, under the so-called “lazy judge” act.  Attorney Ogden, who also blogs about politics, commented to a fellow attorney in a private email that Coleman “should be turned in to the disciplinary commission for how he handled this case. If this case would have been in Marion County with a real probate court with a real judge, the stuff that went on with this case never would have happened.” 

Somebody, perhaps the original recipient of the e-mail, forwarded it to the judge (lawyers can be a back-stabbing bunch), and the judge, insulted, demanded an apology. Ogden refused (lawyers can also be stubborn and have a tendency to stand on principle even when it is going to get them in trouble). Because Ogden declined to grovel, Judge Coleman invoked Indiana Rule of Professional Conduct 8.2 and filed a grievance against him to the Indiana Attorney Disciplinary Commission. The Rule, which is essentially identical to the American Bar Association version, prohibits a lawyer from… Continue reading →

Reminder: August 1 Is “Quote Justin Carter On Social Media Day”

/ Jack Marshall / 25 Comments

justin-carter-1

This is  sad.

We last heard anything about Justin Carter two weeks ago, when he finally was released from prison after an anonymous donor covered his absurd $500,000 bail amount. Since then, nothing has changed. He’s still charged with making terrorist threats based on an obvious joke he put on Facebook. He still represents the apotheosis of the fanatic fear of guns and violence against schools in the wake of the post-Sandy Hook hysteria, cynically fed by Democrats, anti-gun zealots and the media. Carter’s plight still shows the continuing erosion of First Amendment rights in the fearful and paranoid culture nurtured by the Obama administration and turned into an offense to liberty by its natural partner, the abuse of government power. It’s just that nobody is paying attention.

The news media, which should have an interest in protecting the same amendment that (theoretically, these days) protects them, gave some fleeting coverage to the story but quickly dropped it in favor of gushing over infant foreign monarchs, finding ways to vilify George Zimmerman and making bad Weiner puns. The blogosohere has been pretty silent too, with some notable exceptions.

I am generally opposed to pointless demonstrations. My pathetic gesture to try to generate some fight in this somnolent nation as its common sense, ethical priorities and sense of justice drains away was never a threat to catch on, and didn’t. Essentially, few understand what is so wrong about what Texas is doing to Carter, and fewer still care enough to protest it. That is sad, and it also is frightening.

Nonetheless, those of us who do care should try to show it, and this was the best that I (or anyone else) could come up with. So challenge the fearful, the bullies,  the Constitutionally ignorant, the arrogant abusers of power “if it will save just one child,” and post the harmless, facetious and sarcastic statement that young Justin Carter posted for a friend, never realizing that America, or at least the part of it where he, and quite possibly you, live, doesn’t really believe in free speech anymore. Post it on your blog, on Facebook, on Twitter. Let’s see if they come for all of us, however many it is. And let’s see how many people care anymore.

August 1 Is “Quote Justin Carter On Social Media Day.”

And Justin’s words, which got him arrested, imprisoned, and soon will have him being tried for his freedom, were these:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

 

 

If Only Justin Carter Were Black…Or Muslim…

/ Jack Marshall / 84 Comments
Justin2

Maybe people would care if he looked like the President’s son, and not mine…

If Justin Carter were black or Muslim….

  • …maybe the news media would take an interest in a Texas teenager being imprisoned and charged with a terrorist threat for an obvious joke on Facebook;
  • …maybe progressive and civil rights organizations would question whether his prosecution was the result of an abuse of power by prosecutors, and fearful paranoia by the his community;
  • …maybe pundit and commentator accusations of official bias against his race or religion would result in authorities questioning the wisdom of their actions and the cruelty of Justin’s persecution;
  • …maybe professional activists and race-hucksters would use their influence to focus attention on his plight, the miscarriage of justice, and its dangerous implications for the rest of us;
  • …maybe the ACLU would deem his case worthy of its intervention and support;
  • ...maybe Al Sharpton would organize demonstrations protesting law enforcement ruining the life of an innocent young man  because he was insufficient sensitive to irrational public fearfulness, instead of organizing protests against a jury’s just and unimpeachable acquittal of a defendant based on inadequate evidence to convict.
  • …maybe the President of the United States would feel that his case was worthy of a lecture to the nation about the importance of free speech, and why fear of guns, violence and terrorism shouldn’t turn the U.S. into a censorious police state.

But unfortunately for Justin Carter and the First Amendment, he isn’t black or Muslim, so the serious criminal charges against him for daring to express himself remain, the news media has been silent on the case for more than a week, the ACLU ignores him, the President’s attentions and priorities remain elsewhere, and most of the public has never heard of him, or doesn’t give a damn.

Please join me in trying to get this terrible injustice noticed and rectified, and by participating in “Quote Justin Carter On Social Media Day,”

August 1, 2013.

Remember, the words that made Justin a criminal are these:

“Oh yeah, I’m real messed up in the head. I think Ima shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.” lol. jk.”

Post them on Facebook, Twitter, Link’d In, or your own blog, and let’s see if they can arrest all of us.