Fox News media critic Howard Kurtz downplayed the bloody arrest and subsequent national media coverage of a black University of Virginia (UVA) student, arrested during an alleged dispute over his ID, claiming "such arrests are common in this college town."
The Washington Post reported that Virginia's Department of Alcoholic Beverage Control (ABC) is under scrutiny after the violent arrest of UVA student Martese Johnson, who "sustained head injuries that left him with bloody streaks down his face" following St. Patrick's Day celebrations near the UVA campus in Charlottesville. Photos of Johnson's bloody face sparked widespread outrage and protests over the use of excessive police force.
During a segment on March 20 edition of Special Report, Kurtz criticized the national media attention claiming that this was a local story with "no evidence that race was a factor" in the arrest. Kurtz later downplayed the arrest as typical, asserting that "bartenders tell us such arrests are common in this college town."
Wall Street Journal editorial board member Jason Riley argued that black people saw faster progress "when whites were still lynching blacks" in a recent op-ed.
In his column on the video of University of Oklahoma students singing a racist song, Riley claimed that "the reaction among some black liberals was closer to glee" than disgust. Riley went on to criticize the "Democratic Party's belief that there is a federal solution to every black problem" and claimed blacks were in fact progressing faster in an era when many were being lynched (emphasis added):
History shows that faster black progress was occurring at a time when whites were still lynching blacks, not merely singing about it. Liberals want blacks to ignore the lessons of this pre-Civil Rights era, which threaten the current relevance of groups like the NAACP and call into question the Democratic Party's belief that there is a federal solution to every black problem.
He went on to decry a "post-Civil Rights era social pathology and misguided government interventions," which Riley sees as the cause of not just a lack of progress but a "retrogression" among black Americans. Riley argued that "the problem isn't the attitudes and behaviors of the boys on the bus so much as those of the boys in the 'hood." The "boys on the bus" Riley refers to are the group of Oklahoma fraternity members who were filmed chanting, "There will never be a nigger in SAE. You can hang them from a tree, but they'll never sign with me."
An analysis by the Equal Justice Initiative from February revealed that almost 4,000 African Americans were lynched -- murdered as a form of extra-legal vigilante justice, often with public spectators -- between 1877 and 1950.
Fox News host Bill O'Reilly attacked efforts to decrease school suspensions and expulsions with programs known as "restorative justice," ignoring that these traditional punishments disproportionately target students of color.
For decades, many school districts followed zero-tolerance policies on student discipline. Such policies encouraged schools to suspend students for many types of violent and non-violent misconduct, including "insubordination," often at racially disproportionate rates. According to a report by UCLA's Center for Civil Rights Remedies, American students lost almost 18 million days of school instruction due to suspensions just in the 2011-12 school year. In 2014, the Department of Education and Department of Justice reported that the racial disparities "are not explained by more frequent or more serious misbehavior by students of color," and issued new guidelines aimed at reducing racial disparities in school discipline.
In an effort to combat such racially disparate suspension rates, some school districts have promoted alternative school discipline models known as "restorative justice" programs. These programs typically involve working with students to get them to take responsibility for their behavior through group talking and dialogue rather than outright suspension or expulsion. New York City recently announced that "principals must get approval from the Education Department central office before [a] student can be suspended," and in recent years has included "more alternatives to traditional punishments, like peer mediation and early interventions."
During the March 17 edition of his Fox News show, Bill O'Reilly hosted New York Post columnist Paul Sperry for a segment titled, "Chaos in Public Schools." O'Reilly claimed that "liberal mayors all over the country are making it easier for violent students to remain in public schools." O'Reilly added that "students can actually assault teachers without being suspended or expelled in some cases."
But O'Reilly's dismissal of such school discipline reform efforts ignores the racially disparate impact of zero-tolerance policies. As Capital New York explained, "during the 2013-2014 school year, the most recent year for which data is available, 53,000 suspensions were issued, and black or Hispanic students made up 87 percent of those suspensions" in New York City. According to U.S. News & World Report, "Black Americans are suspended and expelled at three times the rate of white students. They make up 16 percent of school enrollment, but account for 32 percent of students who receive in-school suspensions, 42 percent of students who receive multiple out-of-school suspensions and 34 percent of students who are expelled":
The school discipline reforms that O'Reilly attacked have resulted in fewer suspensions. The Christian Science Monitor in 2013 described the impact of such a program in the Oakland Unified School District:
In the 2011-12 school year, African-Americans made up 32 percent of Oakland's students but 63 percent of the students suspended. In middle schools, principals suspended about 1 out of 3 black boys.
The US Department of Education's Office for Civil Rights investigated whether the discipline was discriminatory. Before making a legal finding, OCR collaborated with the district last fall on a five-year voluntary resolution plan to reduce suspensions, expulsions, and the racial disparity.
Suspensions not only dropped by 51 percent last year, but they continue to fall, and [Ralph J. Bunche Academy] eliminated disproportionality in suspensions for African-Americans.
From the March 13 edition of Fox News' The O'Reilly Factor:
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The right-wing media's calls to end birthright citizenship -- a constitutional guarantee -- have been repeated incessantly over the years and have once again found a sympathetic ear in Sen. David Vitter (R-LA), who recently re-introduced legislation that would supposedly "prevent children born in the U.S. of foreign national parents from gaining automatic U.S. citizenship."
Conservative media figures going back to Glenn Beck in his Fox News days have railed against so-called "anchor babies" and "birth tourism," the former a derogatory slur and debunked myth used against U.S. born children of non-citizens, the latter of which represents a sliver of births that experts have repeatedly pointed out are "extraordinarily rare" and an insignificant immigration problem. As Salon's Simon Maloy recently wrote, this "grossly nativist and legally dubious" rhetoric has nevertheless found a receptive audience in Republican legislators on both the state and federal levels.
At the same time, right-wing media continue their drumbeat on this issue, most prominently ABC contributor and talk radio host Laura Ingraham, who has called ending the constitutional guarantee of citizenship at birth a "common sense step." This is nothing new for Ingraham, a self-proclaimed influence on Republican politics who has repeatedly condemned "birthright citizenship nonsense."
On the March 10 edition of The O'Reilly Factor, host Bill O'Reilly joined the chorus when he heard that children born in the U.S. automatically receive citizenship -- "the baby gets the passport" -- and declared, "That law's got to change." In the segment, which focused on "birth tourism" by Chinese parents, O'Reilly concluded, "This law is being abused like crazy. It's got to be changed. That should not be a hard thing to do."
In fact, that would be an extremely hard thing to do -- it would require amending the U.S. Constitution or overturning centuries of post-Civil War Supreme Court precedent.
O'Reilly and his guests -- Fox host Kimberly Guilfoyle, a former prosecutor, and contributor Lis Wiehl, also a lawyer -- ignored the fact that it's not merely a "law" that confers citizenship to children born in the United States -- it's the 14th Amendment of the U.S. Constitution. That amendment, intended to ensure equal protection for all in the wake of the Civil War and the abolition of slavery, unequivocally states, "All persons born or naturalized in the United States ... are citizens of the United States." This amendment has long been understood to grant birthright citizenship, and that interpretation has been re-affirmed by the Supreme Court since as far back as 1898. James C. Ho, the former solicitor general of Texas, explained in 2011 that birthright citizenship was intended "to reverse the Supreme Court's notorious 1857 Dred Scott v. Sandford ruling denying citizenship to slaves" and their children, and challenging its legality is "wasting taxpayer funds on a losing court battle, reopening the scars of the Civil War, and offending our Constitution and the rule of law."
But conservative media's radical calls for the end of birthright citizenship continue to make headway with Republicans in Congress.
On March 10, Vitter re-introduced his Birthright Citizenship Act, which would "close a loophole by clarifying that birthright citizenship is only given to the children of U.S. citizens and legal resident aliens." In announcing this legislation, Vitter claimed that allowing birthright citizenship is based on "a fundamental misunderstanding of the 14th Amendment," suggesting that the framers of the amendment, the Supreme Court, and legal experts have been wrong about its plain language for the last 150 years.
An alternate explanation for Vitter's legislation -- other than pure confusion -- is that this is intended to be unconstitutional and represents a "test case" expected to be repeatedly struck down in the federal courts on the way to the Supreme Court. Although GOP senators have shied away from acknowledging this, right-wing anti-immigration activists like Kansas' Republican Secretary of State Kris Kobach have plainly admitted as much.
Right-wing media is not quite so honest in its calls to rewrite the U.S. Constitution, choosing instead to baselessly scaremonger about "anchor babies" and "birth tourism."
From the March 12 edition of Fox News' Outnumbered:
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From the March 9 edition of Comedy Central's The Daily Show:
From the March 5 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Fox News Host Sean Hannity is criticizing singer John Legend's Oscars speech, which invoked the civil rights movement and the ongoing fight for racial and social justice. In response to Legend's completely accurate statement that the Voting Rights Act of 1965 is under attack today, Hannity disagreed and appeared to argue that the seminal civil rights law was irrelevant to strict voter ID laws.
On February 22, Legend and co-writer Common won the Academy Award for Best Original Song for "Glory," from the film Selma, a historical drama about Dr. Martin Luther King, Jr.'s fight for equal voting rights. In his acceptance speech, Legend noted that the civil rights struggle represented in the movie continues "right now": "We wrote this song for a film that was based on events that were 50 years ago, but we say that Selma is now, because the struggle for justice is right now. We know that the Voting Rights Act that they fought for 50 years ago is being compromised right now, in this country, today."
On the February 23 edition of his show, Hannity complained that Legend "decided to make all things political." Even though Legend didn't explicitly bring up voter ID laws in his speech, Hannity went on to suggest that it was inappropriate for Legend to "equate the Voting Rights Act with showing an ID to get to vote so we can keep honesty and integrity in our elections ... I like John Legend as a musician, but he doesn't know anything about politics":
The Wall Street Journal is celebrating a ruling from a lower-court judge who has temporarily blocked President Obama's exercise of prosecutorial discretion over undocumented immigrants by repeating a litany of right wing-media myths, some of which were repeated in the legal decision itself.
On February 17, federal district court Judge Andrew Hanen issued a preliminary injunction that will block the Department of Homeland Security's implementation of the president's recent executive actions on immigration in the face of GOP opposition to immigration reform. These actions, which will defer deportations for some undocumented immigrants and were scheduled to open the application process today, have long been criticized by right-wing media as "unconstitutional," despite the fact that there is plenty of legal and historical precedent for the order.
Hanen's ruling -- which not only goes against other recent lower-court rulings, but also Supreme Court precedent -- found a receptive audience at The Wall Street Journal. The Journal has been particularly critical of Obama's immigration actions, erroneously suggesting the administration had not sought a legal justification for his order before issuing it and denouncing Obama for acting "on his own whim because he's tired of working with Congress." In a February 17 editorial, the Journal commended Hanen, calling his decision "a vindication of the 26 states that brought the challenge and, more significantly, for the rule of law":
Last November the Department of Homeland Security published memos instructing immigration enforcers to disregard federal laws that require deportation of the undocumented and place strict limits on who may work in the U.S. The White House and DHS claim this "deferred action" is nothing more than routine prosecutorial discretion, as if the department is merely conceding that its officers cannot hunt down and deport the millions of illegals in the country.
Judge Hanen dismantles that fiction. As he points out, the DHS memos amount to "a massive change in immigration practice" that reorders "the nation's entire immigration scheme." Instead of the historical norm of forbearance in individual cases, the memos devote 150 pages to detailing a blanket policy for whole classes of immigrants -- meaning that discretion is "virtually extinguished," as Judge Hanen writes.
The memos also actively bestow benefits that Congress never granted, such as the right to work, obtain Social Security numbers, and travel to and from the U.S.
The editorial is a rehash of myths about the executive action. For example, it is true that Congress never granted undocumented immigrants "the right to work," but neither did Obama's executive order. Undocumented immigrants who qualify for deferred action will become eligible for work authorization permits, not because of Obama's order, but because of a federal law that was passed in 1986 under Ronald Reagan.
From the January 27 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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From the January 22 edition of Fox News' The Kelly File:
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Wall Street Journal editorial board member Mary Kissel is misinforming about a new fair-housing case under consideration by the Supreme Court, scaremongering that a decision to uphold half a century of civil rights precedent could force sellers, lenders, and landlords to establish policies that amount to "informal quotas."
On January 21, the Supreme Court heard oral arguments in Texas Department of Housing v. the Inclusive Communities Project, a fair-housing case that could make it more difficult for victims of discrimination to bring legal challenges against policies that reinforce decades of racial segregation, unintentionally or not. The Inclusive Communities Project argues that the way the Texas Department of Housing administered an affordable-housing plan had a discriminatory effect by entrenching racially segregated housing patterns in the Dallas area. This kind of lawsuit is known as "disparate impact" litigation, which has long been used under various civil rights statutes, including the Fair Housing Act (FHA). It does not require that intentional discrimination be demonstrated, rather that the challenged policies had an unjustified and disproportionate, negative impact on vulnerable groups protected by the FHA. Even though the Department of Housing and Urban Development (HUD) and other fair-housing advocates have successfully relied on disparate-impact litigation for almost 40 years, Texas is arguing that lawsuits under the FHA should newly be required to provide evidence of intentional racial discrimination.
On the January 21 edition of the Journal's WSJ Live video series, Kissel used a hypothetical about the government forcing a bank to make mortgage loans to attack the logic of disparate-impact analysis. Kissel said in this scenario, "Effectively, the government is saying, 'We want informal quotas. You have to lend x to Hispanics, y to blacks, and z to whites.' That doesn't sound constitutional to me." Kissel then went on to say that the Obama administration had "used this theory to shake down banks for millions of dollars. Let's hope the justices actually read the text of the law":
Right-wing media have long objected to the use of disparate impact in fair-housing litigation, calling it a "dubious legal theory." In fact, every one of the 11 federal circuit courts that have considered the question over the last 40 years have reaffirmed that the amelioration of discriminatory effects is a core component of both the intent and text of the FHA, and Congress specifically amended the statute in 1988 in recognition of the fact. Such overwhelming consensus was unsurprising -- the need to begin the slow process of integration after centuries of residential apartheid was specifically designed to be a systematic task, and not a game of Whac-A-Mole aimed at individual bad actors. It was anything but a fringe theory, but rather the product of bipartisan efforts, including those of the Republican HUD chief George Romney in the Nixon administration.
From the January 22 edition of Fox News' Fox & Friends:
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Fox host Eric Bolling called on the New York Police Department to engage in more racial profiling and stop-and-frisk after the terrorist attack on the offices of a satirical French magazine, but his characterization of the legality and constitutionality of race-based policing misrepresents these practices.
On January 7, masked gunmen attacked the headquarters of Charlie Hebdo, a French weekly that had previously run caricatures of the Prophet Muhammad. Right-wing media were quick to politicize the attack and describe it as an argument for the practice of race-based police tactics in America, even those prohibited by federal law or the U.S. Constitution. On the January 7 edition of Fox & Friends, co-host Elisabeth Hasselbeck suggested that NYPD officers should be able to target certain communities without fear of being painted with "a racist brush." Hasselbeck also suggested that New York Mayor Bill de Blasio had demoralized the NYPD and threatened security by calling on the police to stop improper racial profiling.
As right-wing media have done repeatedly in the past, Hasselbeck failed to recognize that police practices must pass a threshold of constitutionality regardless of their alleged efficacy at imposing "order."
This narrative continued on the January 7 broadcast of Outnumbered, where Fox host Eric Bolling joined the panel to claim that people in New York should feel "anger" toward de Blasio for his efforts to eliminate unconstitutional stop-and-frisk policies and curb racial profiling. Bolling argued that police had used racial profiling "so effectively for so long" to target people who are "the type of person who's done it in the past." Bolling went on to wonder, "How did profil[ing] become a) unethical, b) illegal? It's throughout history been the most effective law enforcement tool." Outnumbered co-host Andrea Tantaros agreed with Bolling that "leftist mayors like de Blasio" and the Obama administration had "taken those tools away at a time when we need them the most," and claimed that "targeting mosques" was "crucial" towards uncovering terrorist activity: