A consumer class-action lawsuit about allegedly defective washing machines is proceeding in favor of the company, a result being called a "vindication of consumer class actions," even though The Wall Street Journal held up the lawsuit as an example of why class actions are inherently unfair to corporations accused of wrongdoing.
The washing machines, manufactured by Whirlpool and Kenmore and sold by Sears and other retail stores, had a defect that caused the washers to accumulate mold and emit a bad smell. Despite over a million complaints, Whirlpool continued making the washers, and Sears continued to sell them. A group of consumers ultimately filed a class-action lawsuit after Whirlpool's design changes and special cleaning solution failed to fix the problem.
The "moldy washer" case has been working its way through the court system for the last several years, and right-wing media have repeatedly called on the Supreme Court to take the case as an opportunity to "rein in" class action lawsuits by changing the rules to disallow this type of collective legal action. The Wall Street Journal was particularly riled up over the case, claiming that these suits should not be certified in the first place because "[e]very trial lawyer in America knows that certifying a class nearly always compels a company to settle rather than to face the barrage of bad PR and litigation costs." The Journal also accused 7th U.S. Circuit Court of Appeals Judge Richard Posner of "clearly disregard[ing]" the Supreme Court's previous rulings because he allowed the moldy washer plaintiffs to certify as a class and proceed to trial and rejected the judge's idea that "class actions are the most efficient way to handle the mold complaints." The Supreme Court ultimately declined to disturb Posner's judgment.
From the November 4 edition of Fox News' Your World With Neil Cavuto:
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This Election Day, a number of states are implementing strict new voter ID laws and registration policies in a high-turnout election for the first time. These measures have been found to have the potential to disenfranchise thousands of voters -- typically people of color, young voters, and women -- who are unable to obtain select forms of ID or are caught in flawed voter purges, but right-wing media figures frequently argue that these laws do not suppress the vote.
The right-wing media have repeatedly claimed that these laws are not racially discriminatory, do not affect minority voter turnout, and maintain the integrity of the election system. Fox News has referred to recent court decisions striking down voter ID laws as illegal or unconstitutional "setbacks" and questioned the timing of the courts' intervention on behalf of the right to vote. Right-wing media have also railed against attempts to stop voter purges, despite the fact that reports have discovered "Hispanic, Democratic and independent-minded voters are the most likely to be targeted" in these methodologically unsound attempts to find ineligible voters.
Repeatedly discredited National Review Online contributor Hans von Spakovsky has been particularly vocal in his support of these unnecessary and redundant election measures, dismissing concerns of "chaos at the polls" even though hundreds of thousands of voters are at risk. On the November 2 edition of Fox News' America's News HQ, von Spakovsky again promoted strict voter ID laws and registration checks and claimed that "this idea" that voter ID laws can "suppress minority voters, we know is not true":
But qualified voters are already being turned away from the polls or purged from the rolls in states that have enacted these new Republican-pushed measures, despite right-wing media's promises that such laws would have no negative effect.
Fox News' Gretchen Carlson criticized Cosmopolitan magazine for writing about politics and endorsing candidates on the same day Fox's Megyn Kelly teamed up with the magazine for a Facebook Q&A.
Cosmopolitan expanded its coverage to include politics in August, launching its "#CosmoVotes" campaign which focuses on candidate endorsements, coverage of "women-centric issues," and a "social media effort" to encourage readers to vote, particularly in the upcoming midterm elections.
On the November 3 edition of The Real Story, host Gretchen Carlson criticized Cosmopolitan's foray into politics, suggesting the magazine is "taking it a step too far," because "they basically say some kind of snarky words about any Republican candidate, calling them 'troubling,' 'an extremist who rails against the poor,' 'an anti-choice radical.'" Carlson noted that other women's magazines have covered the 2014 midterm elections highlighting both Republicans and Democrats, but questioned Cosmopolitan's decision to endorse certain candidates, saying, "A lot of people are probably wondering why fashion magazines are getting into politics and actually endorsing candidates but that is the world that we live in now":
From the October 31 edition of PBS' Moyers & Company:
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National Rifle Association board member Ted Nugent weighed in on the Texas governor's race in his column for conspiracy website WND, attacking the "America-hating" campaign of Democratic candidate Wendy Davis.
In his October 29 column, Nugent wrote, "Thank God there are still way more Texans that stand in defiance of the lying, scamming, America-hating, Texas-hating scammers and scoundrels that infest and steer the Wendy Davis campaign of deception."
In February, Nugent set off a lengthy controversy when he appeared at a campaign event with Republican candidate Greg Abbott and called him his "blood brother." Abbott was criticized for appearing with Nugent after the NRA figure had recently called President Obama a "subhuman mongrel" and because of Nugent's history of demeaning attacks on women.
In its most recent effort to defend discriminatory and unnecessary strict voter ID laws, National Review Online has resorted in the past week to recycling debunked myths about this type of voter suppression, most recently linking voter ID to noncitizen voting, which is an unrelated issue.
With the midterm elections coming up, right-wing media are aggressively lying about voter ID laws and voter fraud, and NRO is no exception. NRO has previously praised Texas' strict voter ID law -- which has been found to be racially discriminatory in both intent and effect -- called for the remaining protections available under the Voting Rights Act to be repealed or limited, and dismissed concerns over Wisconsin's voter ID law, which has the potential to disenfranchise hundreds of thousands of voters when it goes into effect.
In just the past week, NRO writers have doubled down on nearly all of these poorly supported right-wing positions. National Review editor Rich Lowry defended Texas's strict voter ID law -- which a federal judge determined to be an "unconstitutional poll tax" -- by arguing that the disenfranchisement these laws cause is justified by the potential for in-person voter impersonation, even though that kind of fraud is virtually non-existent. Lowry also incorrectly claimed that strict voter ID laws require the same level of identification needed to buy a gun. NRO contributor Hans von Spakovsky wrote in The Wall Street Journal that "moves to shore up election integrity have been resisted by progressives" who are challenging the legality of voter ID laws "without evidence that such efforts suppress minority turnout" -- despite the fact that a recent report found a decrease in voter of color turnout in two states was attributable to strict voter ID. For good measure, von Spakovsky, a discredited proponent of restrictive election rules, also conflated other forms of voter fraud with in-person impersonation, the only type of fraud voter ID prevents.
The dissembling continued with another NRO contributor, Mona Charen, offering more of the same in a post titled "The Voter-ID Myth Crashes." Charen seized on a contested study of the rate of noncitizen voting to claim that "[b]eing asked to show a photo ID can diminish several kinds of fraud, including impersonation, duplicate registrations in different jurisdictions, and voting by ineligible people including felons and noncitizens," but buried the fact that "[v]oter-ID laws will not prevent noncitizens from voting."
The Wall Street Journal is defending BP's decision to fight its legal responsibilities in the wake of the 2010 Deepwater Horizon oil spill by criticizing both class-action lawsuits and the settlement agreement that BP itself agreed to.
The Journal is vocally opposed to class action lawsuits and has previously criticized them as frivolous, abusive, and beneficial only to trial attorneys. Yet the editorial board apparently isn't fond of companies that take responsibility for their harmful actions and settle, either -- even though these settlements can be a less costly alternative to class action lawsuits.
In a recent editorial, the Journal was supportive of BP's latest efforts to avoid having to pay claims related to the oil spill that it caused and that has still not fully been cleaned out of the Gulf of Mexico. Even though BP helped craft and agreed to a billion-dollar settlement deal in order to avoid a trial result that could have been even more damaging, the company is now questioning the terms of the agreement. The Journal is fully onboard with BP's tactics, despite the fact that BP has repeatedly lost its varied attempts to disregard the settlement. The Journal wrote that the ensuing payments to claimants represent "an all-you-can-eat buffet" that is "the best thing ever to happen to the trial lawyers who continue to exploit the accident for fun and profit."
The editorial went on to call on the Supreme Court "to impose discipline on the class-action lawsuit industry" by voiding the settlement under a far-fetched legal theory that could foreclose the ability of anyone to agree to a settlement:
The fund has become an all-you-can-eat buffet and everybody is invited, regardless of the cause of the damages they may or may not have suffered. As long as claimants can show a material loss within certain geographical regions, they qualify.
BP sued to break this wave of abuse but lost in front of [federal district court Judge Carl] Barbier and then mostly again amid a tangle of opinions at the Fifth Circuit Court of Appeals. But the major question for the High Court to resolve isn't a narrow dispute about whether [claims administrator for the settlement fund Patrick] Juneau's or BP's interpretation of the terms is right. Rather, it's whether the courts can certify a class in which thousands of people cannot prove they suffered injuries that the defendant caused and could never succeed in an individual lawsuit, as even Mr. Juneau has conceded.
A class settlement is not a mere understanding among private parties but carries a judicial imprimatur -- or at least is supposed to outside of the Bayou. The legal system is not allowed to convert non-claims into legitimate claims under either Federal Rule of Civil Procedure No. 23 or especially Article III of the U.S. Constitution.
The main reason is that aggregating real and false torts exceeds the constitutional bounds that limits judicial power to "cases and controversies." If BP wants to run a pot-of-gold fund, that's its business, but the courts can't play the administrator.
A Media Matters analysis of newspaper coverage of anonymously donated "dark money" in three battleground states shows that secret money's growing influence on elections has not necessarily translated to more awareness in the media. While some news outlets are reporting on the influence this new influx of money is having on politics, others are merely providing a platform for dark-money groups to further their causes.
The term "dark money" is used to describe organizations that do not disclose the identity of at least some of their donors and that use money from these anonymous donors to fund political ads, mailers, and staff to try to influence voters and policymakers. Even spending by these groups may be shielded from disclosure, depending on the type of ad they run. Dark-money groups focus heavily on specific policy outcomes and try to connect candidates to their desired outcome through advertising. These groups protect their donors by never officially endorsing a candidate and by limiting their political activity. This allows them to be classified as "social welfare" organizations under the tax code, which means they do not have to disclose their funding.
Spending by dark-money groups in this election cycle is nearing the $200 million mark and is expected to spiral even higher before Election Day. Much of the spending by these groups is focused on influencing Senate races in key states. Media Matters reviewed newspaper coverage in three states with competitive Senate races (North Carolina, New Hampshire, and Colorado) to see how they are covering this influx of anonymous outside funding. The results show large discrepancies in the quality of the coverage of dark-money groups, with some papers doing a significantly better job than others.
Of the three states analyzed, North Carolina's newspapers provided the best overall coverage of dark money influence. North Carolina's Senate race is expected to set a new record for outside spending, with $55.7 million spent so far, even without counting the non-disclosed money. The Raleigh News & Observer and The Charlotte Observer, the two largest papers by circulation in the state, went beyond reporting the existence of the groups and attempted to report which outside groups were spending money on which ads -- something these groups often fail to do themselves. The North Carolina papers also reported on how dark-money groups such as the Koch brothers-funded Americans for Prosperity (AFP) are using their influence to lobby for specific policies, such as the group's successful campaign to block a special legislative session on economic development.
The Colorado newspapers' coverage of dark-money activity proved to be far less extensive than that of the North Carolina newspapers, producing just 13 stories since July 15. Colorado's Senate race is also poised to break records in outside spending. The Denver Post's coverage did not go into depth the same way North Carolina's newspaper coverage did, but it did highlight efforts by groups like Americans for Prosperity to influence voters with their door-to-door outreach.
Colorado's second biggest paper, The Gazette of Colorado Springs, produced few reports on dark money during the period analyzed. However, a partnership with Rocky Mountain PBS I-News produced a report that covered many of the complexities of dark money. The article discussed outside spending by both conservative and liberal groups and explained the difficulty of tracking dark-money donors and the impact of their donations:
"Nonprofit political groups do not have to disclose donors," Viveka Novak, editorial and communications director for the Center for Responsive Politics said. "So we could only identify organizations that filed 990s (nonprofit tax forms) and that wouldn't include individuals or corporations, so there are still a lot of donors or donations no one would know about."
[Sheldon] Adelson, the Koch Brothers and many other politically active billionaires and multimillionaires across the political spectrum are able to maintain privacy and give endless funds after the U.S. Supreme Court's 2010 Citizens United decision, which held that political spending is a form of protected speech under the First Amendment.
"TV ads are number one, the overwhelming most important tool in winning one of these campaigns," Ciruli said.
In New Hampshire, dark-money groups have spent at least $4.3 million in the Senate race -- overwhelmingly in support of the Republican candidate, as of September 8. This subject has seen poor coverage from the state's largest newspaper, The Union Leader. While the paper mentioned dark-money groups in 11 articles, and another five articles mentioned the groups and specific policies, the paper's coverage mostly provided a platform for groups like AFP to spread their message and did not explain the groups' attempt to influence policy decisions or the Senate race. For example, in a September 30 article, the paper gave AFP state director Greg Moore a platform to attack the state's budget situation and blast the Affordable Care Act, something the group has also done in its advertising against Sen. Jeanne Shaheen (D-NH):
Greg Moore, state director for Americans for Prosperity, blamed Medicaid expansion under the Affordable Care Act for much of the shortfall in the two-year budget plan.
"The legislature gave the administration $57 million from the last, fiscally-responsible budget to spend, and expected that surplus to last for the entire, two-year budget, but Governor Hassan took her eyes off the ball and spent even more," Moore said. "Keeping within the budget takes strong executive action and discipline, but we aren't seeing that right now in Concord."
While the use of dark-money groups is not one sided, conservative groups are far more likely to use this route to shield wealthy donors and ensuing spending. As the Brennan Center for Justice noted, in this election cycle, "Overall, 80 percent of pro-Republican nonparty expenditures came from dark money groups, compared to 32 percent of outside spending favoring Democrats." This is not a new trend for conservative supporters, as spending by nondisclosing groups has clearly favored Republican candidates over the past four election cycles:
The problem with dark-money groups, as the Brennan Center's analysis noted, is that "the lack of transparency in the majority of outside spending in competitive races leaves voters unable to evaluate the political messages they see" and that these groups "threaten to make a mockery of contribution limits and their prophylactic effect on corruption and influence buying." This sentiment was echoed by University of Louisville political science professor Laurie A. Rhodebeck in the Los Angeles Times, saying that the flood of dark-money spending is "detrimental to voters because if they don't know who is behind the money, they can't judge whether to trust the ad or not."
The scale of the problem is considerable. The Boston Globe reported on October 22 (emphasis added):
The impact is visible online and on television. One of every 16 television ads in US Senate races from January 2013 through August were paid for by a single group, Americans for Prosperity, according to the nonpartisan investigative Center for Public Integrity and advertising tracking service Kantar Media. AFP serves as a nonprofit advocacy arm of the political network backed by conservative billionaire brothers Charles and David Koch.
The Brennan Center found that during the 2012 election, "three-quarters of outside expenditures were made after September 30, and one-half were made in just the last three weeks of the campaign." This suggests that newspapers in these key battleground states still have the opportunity to report on how dark money is influencing their elections.
Media Matters searched Nexis transcripts of the top newspapers (by circulation) in three highly contested states. The papers analyzed were North Carolina's News and Observer in Raleigh and The Charlotte Observer, New Hampshire's Union Leader, and Colorado's Denver Post and the Colorado Springs Gazette. The Concord Monitor, New Hampshire's second largest newspaper, was excluded because it is not in the Nexis database. The search term "((outside or independent or nondisclos! or non-disclos! or undisclosed or dark or secretive) w/5 (money or expenditure or spending)) or (Americans for Prosperity) or (Crossroads GPS) or (U.S. Chamber of Commerce) or (Patriot Majority USA) or (Concerned Veterans for America) or (Freedom Partners)" was used to search for reports on dark-money spending from July 15, 2014, when the Federal Election Commission's quarterly report was released, through October 24. While dark-money groups do not have to disclose all spending to FEC, as other groups do, this date aligns closely with the increase in outside spending.
Following a series of attacks in North America carried out by suspects with reported beliefs in religious extremism, Fox News figures have called for more aggressive stop-and-frisk policies, profiling of Muslims, and the surveillance of mosques.
As strict voter ID laws are put into effect ahead of the midterm elections, recent judicial opinions and social science studies continue to poke holes in right-wing media's defense of voter suppression.
From the October 23 edition of Premiere Radio Networks' The Mark Levin Show.
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Fox News hosts are lashing out at Media Matters amid widespread condemnation after its hosts argued that young women were too ignorant to vote or serve on jury duty.
Host Kimberly Guilfoyle came under fire after arguing that the reason young women don't vote for conservatives is "the same reason why young women on juries are not a good idea -- they don't get it," adding that she would automatically exclude them from being on a jury so they can "go back on Tinder or Match.com."
As Huffington Post's Catherine Taibi pointed out, not only is Guilfoyle's argument a "terrible -- and illogical -- idea to convince young people not to vote," but it's also categorically incorrect. Salon's Jenny Kutner wrote that while young women may "be healthy and hot, and possibly even running around, it's doubtful they're all without a care in the world" as Guilfoyle suggested.
From the October 23 edition of Fox News' The O'Reilly Factor:
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Fox News host Andrea Tantaros attacked model Chrissy Teigen because Teigen correctly noted the higher level of public gun violence that occurs in the United States compared to Canada.
As news reports came in on October 22 about an active shooter in Canada's parliament building, Teigen tweeted, "active shooting in Canada, or as we call it in america, wednesday."
On the October 23 edition of Outnumbered, Tantaros said Teigen "is known for obviously her lovely bottom and her food Instagram pictures. She should stick to that. This is the problem when models start to talk; it plays into that dumb model stereotype."