Linking to a WorldNetDaily article, Fox Nation posted the misleading headline: "Kagan is OK with Flag Burning; Are You?" In fact, Kagan said the government cannot punish people for burning flags in protest. She did not say she personally approved of flag burning.
Previously, Fox Nation scrambled to falsely portray Kagan as favoring censorship. Now she doesn't clamp down on speech hard enough.
Here's what Kagan wrote in the law review article cited by WorldNetDaily:
The government may stop protesters from burning flags by enacting a general restriction - say, a ban on lighting fires in public places. But the government may not specifically proscribe the burning of flags for purposes of protest.
See where she says she's "OK with flag burning?" Neither do I. And neither does conservative Justice Antonin Scalia, who, despite his personal contempt for flag burning, voted with the Court majority that ruled in 1989: "The Government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable, even where our flag is involved." Scalia reportedly said the Constitution dictated his vote.
Will Fox Nation run an inflammatory headline, baselessly attacking Scalia? Not likely.
WorldNetDaily's Aaron Klein suggested that Elena Kagan is controversial because she has donated to the National Partnership for Women & Families (National Partnership), an organization that, among other things, supports abortion rights. However, conservatives have previously said that personal and political views should not determine whether a justice is fit to serve on the Supreme Court.
Fox News' Shannon Bream stated that the Arizona immigration law "requires police responding to potential crimes to ask for proof of citizenship if there is a reasonable suspicion that the person is in the country illegally." In fact, the law also directs police to check the immigration status of those stopped for non-crimes, including violations of city and county ordinances and civil traffic violations, if the officer suspects those individuals are undocumented.
Byron York promoted claims made against Elena Kagan in a 1999 report issued by a House Resources Committee task force composed of two discredited Republican members. However, the task force was criticized by Democrats for "failing to meet even minimum standards of objectivity," and even Ed Whelan has said the allegations are "highly speculative."
On Fox & Friends, Frank Luntz falsely suggested that under Arizona's new immigration law, police can only ask about the immigration status of someone "if they believe that they're in the process of committing a crime." In fact, the law directs police to check the immigration status of those stopped for non-crimes including violations of city and county ordinances and civil traffic violations if the officer suspects those individuals are undocumented.
Right-wing media figures have stubbornly latched on to the falsehood that Supreme Court nominee Elena Kagan "banned military recruiters" from campus while she was dean of Harvard Law School. In fact, Harvard law students had access to military recruiters throughout Kagan's tenure as dean.
Right-wing media figures have been quick to portray Supreme Court nominee Elena Kagan as a "radical" or an "activist." In fact, Kagan is considered "one of the more moderate choices" for the Supreme Court and has been described as "fair-minded" and "well-respected" by conservative political and legal experts.
Fox & Friends displayed an on-screen graphic promoting a ridiculous Family Security Matters estimate that "2,158 killed by illegals every year." But that statistic is derived from completely baseless assumptions about immigrants' crime rates. Actual studies have found that immigrants in general are less likely to be incarcerated and that there is no evidence that undocumented immigrants commit a disproportionate amount of crime.
On the May 6 Fox & Friends, Brian Kilmeade falsely suggested that Phoenix Suns owner Robert Sarver forced his players to be used "as billboards" to protest the Arizona immigrant law. In fact, Sarver "left it up to the players," and they "unanimously" decided to wear "Los Suns" jerseys during their May 5 game.
Media Matters for America has exclusively obtained emails from the Center for Medicare & Medicaid Services' (CMS) chief actuary Richard Foster to the American Spectator's editor-in-chief, in which Foster criticizes the American Spectator's Washington Prowler column for "reporting factually incorrect information," and demands a correction.
On April 27, the American Spectator's Prowler column accused the Department of Health and Human Services of intentionally hiding a report by the CMS actuaries to keep it from influencing the health care vote, citing unnamed "career HHS sources." Media Matters debunked this claim at the time, noting that Foster had written a letter to Senator Mitch McConnell expressing his inability to score the health care legislation in the requested period of time.
That same day, Foster also addressed this falsehood in an email to American Spectator editor-in-chief R. Emmett Tyrrell, Jr. in which Foster wrote: