Of Zumbo, The First Amendment, and Fiduciary Duty

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DogBonz

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With all of the Zumbo news and threads that have sprung up in the last week or so, there has been a lot of anger and hostility voiced. Action was swift and decisive. The vast majority of the firearms and second amendment community quickly responded and banded together in almost record numbers, and the result was incredible. Sponsors dropped him like fifth period French. Corporate executives issued personal public statements attesting to the fact that they disagree with Zumbo. His TV show is now indefinitely pulled off of the air. His career as a writer in the firearms and hunting world has flat lined.

Those few people who are, or were, defending him, or for that matter, are calling for mercy or leniency are sighting the First Amendment. They are trying to convince us that as we defend our Second Amendment rights, we should not trample on Zumbo’s First Amendment right to speak his mind, or in this case to express his views in writing.

Many people, particularly outsiders, are amazed at how quickly and with the ferocity that we turned on “one of our own”. And now that a spat within our community has become national news, this question is being asked more frequently and louder than ever. Some have stated that we reacted this way because he was indeed one of our own. I read one article that the insult was “more painful because it had come form a trusted writer in the field”. That may have something to do with it, but I believe that there is more to it.

The definition of Fiduciary duty is:
A fiduciary duty is the highest standard of care imposed at either equity or law. A fiduciary is expected to be extremely loyal to the person to whom they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents.

Zumbo either violated or, just flat out neglected his fiduciary duty to the Second Amendment. Zumbo does indeed have the right to say or write whatever he desires, no matter how much we disagree with him, but when he typed out that now infamous blog he was not Jim the man, he was Zumbo the hunting expert. He was Zumbo the gun expert. The fact that he is considered an expert in hunting and firearms means that when he is “Zumbo”, he must use a higher standard of care than when he is “Jim” having a beer with a buddy at the local watering hole. He failed to put our individual rights before his opinion, this I believe, was the reason for the “shock and awe” that rained down.
 
He can say whatever he wants.

I can say whatever I want about whatever he said.
Including contacting his sponsers.

THEY can do whatever they want about what he said and what I said to them.

1St amendment does not apply as I am not stoping him from saying anything and I am not the Government.
 
Well written and valid points.
I think its more basic than that, however.
The folks saying he has the write to speak his mind (in any capacity) under the first amendment are correct. Nowhere in the first amendment does it protect one from consequences in the private market, however, and this is what happened here. I don't understand how his right to free speech has anything to do with the majority of gun owners deciding we weren't going to financially support his position, though he has every right to hold it.
 
Even his "apology" gets it wrong. Still talking about "legitimte Hunting gun". If you don't "hunt" you are NOT legit, I guess.

This guy is a professional, a paid writer. Because he's too tired from hunting all day, he then goes to his keyboard, and makes it up.

He should be held to know that few if any crimes are committed with rifles, black or brown. There is no evidence that banning certain weapon sales will accomplish any purpose.

"Terrorist Rifles"? Really now. Real terrorists use bombs and real criminals use whatever they bought on the street for 50 bucks.

Maybe the guys at Zumbro's bar make up these stories, but a professional outdoor writer published by an American magazine should not just repeat bar talk. And any editor should have caught this. I'm sorry for those guy's careers but the importance of the Second Amendment, written by the patriots who started this country is a bit more important than these guys. An armed citizenery was a radical idea then, I guess it is getting that way again.

This writing will be quoted forever by the anti's and has frustrated the hard work of thousands of our people.
 
We, THR members, have probably opened our mouths and said something stupid at some time. That is not the same as a PROFESSIONAL writer who's article was APPROVED..............APPROVED.................APPROVED by his editor. Lets give credit, or blame, to ALL involved.
 
The BOR

only applies to the Federal government. It was forced to apply to the states via the 14th amendment and mutable Federal legislation which are privileges writ in large erasable print.
 
That's a good answer to all of those who would cast blame on those shooters that have been critical of Zumbo. You're forgetting, though, the duty he owed his sponsors. In my opinion, speaking strictly about fiduciary duty, Zumbo had a duty to his sponsors (employers) to not do or say anything in a public forum that would reflect on them in a negative way. When he posted his blog, it was in a public forum sponsored by one of those self-same employers. As has been said, he has a right to his (private) opinion, but in any public capacity, he should be true to those that have placed their faith in his ability to be a credit to their companies.
 
1st amend doesn't apply. It would apply if the government tried to arrest him for sedition ("This man is arguing that the 2nd amend doesn't cover military-style weapons. Arrest him!").

On the one hand, the reactions seems unduly harsh. On the other, this guarantees that no writer in the biz is ever ever going to try to create an "us and them" thing. Taking this second point into account, I think it was worth it because that's quite a good lesson.
 
LGN, I don't think the reaction was unduly harsh. He claims to have been a gun writer for, what, 42 years? 42 years ago is 1965.

In the runup to GCA '68, serious proposals included elimination of all private ownership of handguns and the registration of all other firearms.

Note that the history of ALL gun registration, everywhere, has resulted in the eventual confiscation of all firearms.

He must forgotten that the Perazzis are as much at risk as the EBRs he so decried.

Clobber a mule between the ears, you get his attention.

Art
 
I've got over twenty years experience in FidoNet and usenet.

Every evil, stupid person in the world who wants to say an evil, stupid thing cites his "1st Amendment right"... only it's not any amendment to OUR constitution.

They're not demanding the right to express themselves. They're demanding the right to express themselves WITHOUT CONTRADICTION. Sorry, that last clause just isn't there.

Anyone has the right to SPEAK. They do NOT however have the right to be RESPECTED for what they say.

You have the right to say almost anything, no matter how mind numbingly assinine. That right cannot EVER abrogate MY right to call you a simple-minded sport of nature for doing so.

The answer to "hate speech" (and Zumbo's imbecilic comments were definitely that) is MORE speech. Zumbo and his ilk are definitely getting MORE speech in return, and they haven't seen ANYTHING yet.
 
If Mr. Zumbo had suggested that African-Americans should be returned to slavery or that homosexuals should be imprisoned or that Jews should be exterminated, he would have been severely criticized and no one would mention freedom of speech. But because he sided with the left liberal gang, he is now their darling.

I suspect he will shortly be hired by the AHSA or by the Brady campaign itself as their tame "sportsman" who will parrot the party line and tell Congressional committees about how evil rifles should be banned and their owners jailed as terrorists.

Jim
 
Yep, the 1st amendment worked too. Zumbo got to say (and can continue to say) what he believed, and we got to say what we believed.
 
Maybe I was not very clear

I just didn't want to be too long winded.

I was in no way, shape, or form defending Zumbo.

What I was trying to do, besides preaching to the quire, was to show that we are not "mental patients" that flip out just because we disagree with ol Jimbo, and that there were very legitimate reasons for the actions of the 2A community. Keep in mind that to many outsiders this liked like cannibalism, like as soon as you stop drinking our flavor of Cool Aide, we attack you... that we will turn on each other at the drop of a hat. Obliviously, this is not true, but keep in mind that this is now national "regular" news, and folks that are not part of the 2A community might not understand what may look on the surface as drastic measures. This has not been spun well (in our favor AKA truthfully) in the main stream media.

Bu showing that Zumbo disregarded his fiduciary duties, I was pointing out these are indeed reasonable reasons for the actions taken.
 
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