Fox News anchor Bret Baier debunked the network's defense of Indiana's discriminatory "religious freedom" law, explaining that the law is broader than both federal law and similar measures in other states.
Last week, Indiana became the center of a political firestorm after the state legislature passed its version of the "Religious Freedom Restoration Act" (RFRA), a law that allows private individuals and for-profit business owners to cite their religious beliefs as a legal defense against claims of discrimination from consumers who have been wrongfully denied services based solely on their sexual orientation or gender identity. As the American Civil Liberties Union of Indiana explained, Indiana's RFRA "may embolden individuals and businesses who now feel that their religious liberty is 'burdened' by treating a member of the LGBT community equally and that their 'burden' trumps others' rights to be free from discrimination."
Proponents of the law, including Indiana Republican Gov. Mike Pence, have downplayed these potential consequences by incorrectly claiming that the law is noncontroversial because it merely mirrors the federal RFRA and RFRAs in other states. It's a talking point that has been repeated on Fox News, which has so far depicted Indiana's law as a benign attempt to protect the devout from government encroachment on religious freedom.
But during the March 30 edition of Happening Now, Baier deflated his network's defense of the law, explaining to host Eric Shawn that Indiana's RFRA is "broader" than both federal law and other state RFRAs:
ERIC SHAWN: You know, the law was intended to protect personal religious liberties against government overreach and intrusion. So what happened?
BAIER: Well, Indiana's law is written a little differently. It is more broad. It is different than the federal law that it's close to, but different than, and also different than 19 other states and how the law is written. In specific terms, Indiana's law deals with a person who can claim religious persecution but that includes corporations, for profit entities and it could also be used as a defense in a civil suit that does not involve the government. That is broader than the other laws. This is where it's a little different in Indiana's case. You saw governor Mike Pence try to defend the law and say it's just like the 1993 federal law where it's just like 19 other states, but as you look in the fine print, it's not really, and it may be something that Indiana deals with in specifics to line up with the others.
SHAWN: Obviously, it had good intentions. What do you think happened to make it kind of go off the rails this way?
BAIER: Well, how it was structured, Eric. And I think that, you know, there may be good intentions behind it but how it's being interpreted is being a little bit more forward leaning than any other Religious Freedom Restoration Act on the books. What this does politically, obviously Mike Pence has been talked about as a governor thinking about a 2016 run. We don't know if he's going to do it or not. But that interview with Stephanopoulos over the weekend was obviously not a great back and forth in defense of this law that likely is going to have to be at least tweaked, if not changed. [emphasis added]
Fox News regular Marc Morano is worried that Google is going to start burying his climate change denial website, Climate Depot, which is full of toxic inaccuracies and could therefore be vulnerable to Google's plan to rank websites based on their truthfulness.
A Google research team has developed a system to more thoroughly judge the accuracy of a web page's information. The team's new research paper describing the metric states that a source would be considered "trustworthy" based on "the correctness of factual information provided by the source." Though the system and its algorithm are still in development, the researchers have claimed that it shows "promise in evaluating web source quality."
Morano's concern over the new search algorithm is understandable, given that his climate denial website, Climate Depot, would likely be buried in searches using the new accuracy-based system.
The recent documentary Merchants of Doubt highlighted how Morano has used his media appearances and his website -- which he is paid to run by a fossil fuel industry-funded organization -- to cast doubt on the scientific consensus on climate change.
The March 6 edition of Fox News' Happening Now featured Morano expressing his concern over the new search metric:
After a massive oil tanker derailed in West Virginia, several members of Fox News claimed that the accident demonstrates the need to build the Keystone XL pipeline because it is supposedly "safer" to transport oil by pipeline than by train. However, pipelines spill even more oil than trains, and when a major pipeline spill recently occurred near Keystone XL's proposed route, Fox News barely mentioned the spill and didn't once connect it to legitimate safety concerns about Keystone XL.
Fox News is burying Republican policy positions that exacerbate income inequality in order to help the GOP rebrand itself as a party for the middle class. This effort follows years of Fox figures blasting Democratic policies designed to alleviate income inequality as "class warfare."
Ahead of President Obama's sixth State of the Union address, Fox News speculated that the president will boast about the nation's improving economy as a way to distract Americans from global unrest. However, pundits on the same network - even the same show - have repeatedly accused Obama of ignoring the economy and distracting voters with topics like national security and the minimum wage.
On the January 20 edition of Happening Now, Fox's White House correspondent Ed Henry reported that Obama would focus a large part of his 2015 State of the Union speech on the rebounding U.S. economy, which has recently logged strong jobs growth and improving public sentiment. But Henry suggested the real reason behind Obama's optimistic economic note is to distract voters from upheaval overseas, especially in Yemen:
HENRY: Remember, it was only a few months ago that the president and his aides were holding up Yemen as a success story on his counter-terror efforts. That has fallen apart, as has the president's claim that al-Qaeda is on the run, so they want to talk a lot more about the economy. Not so much on national security.
In contrast, Fox hosts previously accused the Obama administration of using foreign policy and national security to distract from issues like the economy. In May 2011, just days after the raid that killed Osama Bin Laden, Fox & Friends host Brian Kilmeade asked Rep. Debbie Wasserman-Schultz (D-FL) "when do we start talking about the economy again?" Personalities on the network also dismissed a historic deal with Iran to limit its nuclear capabilities as a distraction from problems with the Affordable Care Act.
Conservative media figures have also accused Obama of distracting voters from the economy by supporting a minimum wage hike and intervening in the Syrian Islamic State crisis. On Fox's Outnumbered, panelist Dr. Keith Ablow theorized that even the World Cup mania was a distraction concocted to help Obama.
Right-wing media rushed to exploit the deadly attack on the French satirical newspaper Charlie Hebdo in Paris. But this is just the latest in right-wing media's long history of politicizing tragedy to push political objectives.
Fox News reported on Pope Francis' upcoming action on climate change by promoting climate change denial and suggesting that the pope is aligning with "extremists who favor widespread population control and wealth redistribution."
While many Catholics praised Pope Francis' recent announcement that he will publish an encyclical -- a papal letter sent to all the bishops in the Catholic Church -- on climate change, Fox News responded by stoking fears and promoting climate change denial. Fox News correspondent Doug McKelway reported on the December 30 edition of Special Report that the move will be "aligning [Pope Francis] with some church enemies," including "a few environmental extremists who favor widespread population control and wealth redistribution." The segment also featured climate "skeptic" Marc Morano -- who is paid by an industry-funded group to run the climate change-denying website ClimateDepot.com -- to falsely claim that there has been "no global warming" for "almost two decades":
But acting on climate change already has widespread support among Catholics. The pope's move comes after senior bishops from around the globe called on the world's governments to phase out fossil fuels completely in order to "protect frontline communities suffering from the impacts of climate change." Christian leaders have been promoting climate action for many years, citing its disproportionate impacts on the poor as a main concern. In 2006, the Evangelical Climate Initiative urged members of the church to act on climate change because it "hit[s] the poor the hardest":
Poor nations and poor individuals have fewer resources available to cope with major challenges and threats. The consequences of global warming will therefore hit the poor the hardest, in part because those areas likely to be significantly affected first are in the poorest regions of the world. Millions of people could die in this century because of climate change, most of them our poorest global neighbors.
Christians must care about climate change because we are called to love our neighbors, to do unto others as we would have them do unto us, and to protect and care for the least of these as though each was Jesus Christ himself (Mt. 22:34-40; Mt. 7:12; Mt. 25:31-46).
Christians, noting the fact that most of the climate change problem is human induced, are reminded that when God made humanity he commissioned us to exercise stewardship over the earth and its creatures. Climate change is the latest evidence of our failure to exercise proper stewardship, and constitutes a critical opportunity for us to do better (Gen. 1:26-28).
Conservative media are praising Pennsylvania's fracking industry in order to criticize New York's recently announced ban on hydraulic fracturing, without mentioning the health impacts that it has had on Pennsylvania's drinking water and communities.
On December 17, New York became the first state in the country to officially ban the controversial process of hydraulic fracturing, or "fracking." The announcement by Governor Andrew Cuomo's administration came alongside a long-awaited health study on fracking in New York state, which found "significant public health risks" associated with the process. Cuomo officials also stated that allowing fracking would bring "far lower" economic benefits to the state "than originally forecast."
In response, conservative media have been holding up the economy in Pennsylvania -- where fracking has been in practice for decades -- to question the Cuomo administration's decision. Both the Wall Street Journal and the Daily Caller touted statistics from the American Petroleum Institute, which claimed Wednesday that Pennsylvania's fracking industry has generated $2.1 billion in state taxes that have allegedly supported new roads, bridges, and parks. And on the December 17 edition of Fox News' Happening Now, correspondent Eric Shawn reported, "[Fracking] has been allowed in Pennsylvania and helped that state's troubled economy enormously." Co-host Heather Nauert agreed, lamenting, "When you go upstate in New York you see just how badly the jobs are needed up there":
But Pennsylvania may actually be more of a testament to why New York's health concerns surrounding fracking are warranted. Oil and gas operations have damaged Pennsylvania's water supply over 200 times since 2007, according to an investigation by the Pittsburgh Post-Gazette, and a recent report from the Government Accountability Office found that the state's drinking water is at risk from poor wastewater disposal practices. One Pennsylvania town, Dimock, has been dubbed "Ground Zero" in the battle over fracking's safety by NPR. The town has seen particularly high rates of water contamination, with a methane leak causing a resident's backyard water well to explode, tossing aside a concrete slab weighing several thousand pounds in one instance.
Right-wing media figures attacked President Obama's announcement of an agreement on diplomatic relations with Cuba, claiming that it is "appeasement" and tantamount to "prop[ping] up another communist dictator." But foreign policy experts and commentators have long supported a deal with Cuba to loosen the embargo and improve relations.
Fox News host Heather Nauert is calling a bizarre federal court opinion that found President Obama's executive action on immigration unconstitutional a "pretty simple" decision, despite the fact that even conservative legal experts have called it a stretch.
On the December 17 edition of Happening Now, Nauert turned to legal experts Robert Bianchi and Brian Claypool to discuss Judge Arthur Schwab's lower court ruling that, surprisingly, evaluated the constitutionality of the president's recent decision to exercise prosecutorial discretion and defer deportation for certain undocumented immigrants. Both Bianchi and Claypool explained that the judge's ruling had "no legal significance" and "doesn't make sense," but Nauert disagreed. Other conservative legal experts are also questioning how the judge came to this conclusion on an unrelated matter of civil immigration law, given the fact that neither party in this criminal case contested the constitutionality of Obama's executive order.
Although Nauert admitted that she is "not a lawyer," she nevertheless argued that the judge's decision "seems pretty simple":
But the ruling from Judge Schwab, who has seen his fair share of controversy with respect to his legal judgment since being appointed to the bench, wasn't quite as "simple" as Nauert insisted.
Legal experts across the political spectrum agree that the president has broad authority to exercise prosecutorial discretion when it comes to deportation proceedings, which the Supreme Court affirmed as recently as 2012. Despite right-wing media's unwillingness to accept the idea that Obama's order is lawful, immigration experts have noted that the president is not only acting "within the legal authority of the executive branch of the government of the United States" but is also authorized by federal statute to provide temporary administrative relief of this type, as presidents of both parties have done for decades.
Moreover, according to Jonathan Adler, a law professor and contributor for The Washington Post's libertarian Volokh Conspiracy blog, Judge Schwab overstepped his own authority in ruling on the constitutionality of Obama's executive order. As Adler explained, "it is quite unusual for a district court to reach this sort of constitutional issue in this sort of case":
Indeed, Judge Schwab appears to have reached out quite aggressively to engage the lawfulness of the President's actions. Based upon the procedural history recounted in the opinion, it appears the court requested briefing on the applicability of the new immigration policies on its own order. That is, the issue was not initially raised by the defendant in his own defense. As a result of the court's decision, however, the defendant now has the option of withdrawing his guilty plea and potentially seeking deferral of his deportation under the new policy.
On the merits, I understand the concerns that motivate Judge Schwab's reasoning, but I am not persuaded. First, it is important to note that the executive branch has exercised a substantial degree of discretion in implementing and enforcing immigration law for decades. Work permits have been issued in conjunction with deferred action for at least forty years. President Obama's actions are broader in scope, but not clearly different in kind from what his predecessors have done and to which Congress has acquiesced.
Adler's conservative colleagues at the Volokh Conspiracy agreed with this assessment, with law professors Ilya Somin and Orin Kerr calling it "poorly reasoned" with "serious flaws," and "exceedingly strange," respectively. Somin elaborated on how radical the opinion is, noting that "[i]f the Supreme Court were to adopt Judge Schwab's reasoning, federal law enforcement agencies would be barred from issuing general systematic guidelines about how their officials should exercise prosecutorial discretion. The exercise of discretion would then become arbitrary and capricious. Alternatively, perhaps they could still follow systematic policies, so long as those policies were not formally declared and announced to the public, as the president's order was. Neither possibility is particularly attractive, and neither is required by the Constitution."
On the other hand, Judge Schwab does have the support of Fox News host Sean Hannity, who crowed that the opinion "could've been written by me."
Fox News used the Sydney, Australia hostage situation to question whether Australia's strict gun laws should be loosened, but offered no commentary on Pennsylvania's relatively looser gun laws in their reports the same day when a man went on a shooting rampage, killing six. Americans are murdered with guns at a rate more than ten times greater than Australians.
On December 15, Fox News heavily reported on a hostage situation in a Sydney, Australia chocolate shop. A man, who according to authorities had "a long history of violent crime, infatuation with extremism and mental instability," used a shotgun to hold café patrons hostage for 16 hours. After gunfire was heard police stormed the shop. The hostage-taker and two hostages were killed. One hostage was reportedly killed while trying to disarm the hostage-taker, while it is unclear if the other one was shot by the hostage taker or caught in the crossfire.
As Fox reported on developments out of Sydney, the conservative network also provided updates from Pennsylvania where Bradley William Stone allegedly went on a shooting rampage, killing his ex-wife and five of his former in-laws. One former in-law was wounded. Police are currently searching for Stone. (UPDATE: Stone has been found dead, reportedly of self-inflicted wounds.)
Tellingly, Fox News used the Sydney incident to raise questions about Australia's gun law system, while raising no such questions about looser gun laws in the United States during December 15 and December 16 mentions of the Pennsylvania spree killing on Fox programs Fox & Friends, Fox & Friends First, The Five, On the Record, America's News Headquarters, Special Report with Bret Baier, Shepard Smith Reporting, The Real Story with Gretchen Carlson, or America's Newsroom.
Fox News personalities co-opted a fatal hostage situation in Sydney, Australia to justify torturing terror suspects.
Fox News devoted a mere 16 minutes to Benghazi the day of the House Select Committee's second hearing on the attacks, a congressional investigation the network invested years to create.
Right-wing media, and Fox News in particular, have exhausted more than 1,000 segments over the past two years in a breathless effort to manufacture a political controversy out of the 2012 attacks on U.S. diplomatic facilities in Benghazi, Libya that left four American personnel dead. The culmination of this slog of right-wing lies was the formation of the GOP-led House Select Committee on Benghazi, which the network had demanded.
As the committee held its second hearing December 10, however, Fox paid it little mind. The network never cut to broadcast the hearing live, as it's done many times before during previous Benghazi hearings. And between 6 am and 3 pm, Fox devoted only 16 minutes and three seconds to any discussion of Benghazi at all.
Many of those 16 minutes discussed Benghazi without acknowledging the ongoing hearing. The network devoted several minutes to discussing details from The Wall Street Journal on a recently released State Department review of security in Benghazi. Fox's mid-day talk show Outnumbered spent much of its airtime suggesting the Benghazi attacks would spell trouble for any Hillary Clinton presidential campaign (there remains no evidence to support this assumption). Outnumbered's Benghazi segment lasted nearly 9 minutes, accounting for more than half the network's Benghazi coverage for the day.
Happening Now, the 11 AM news show broadcast during most of the Select Committee hearing, ignored the topic of Benghazi altogether.
This apparent ennui regarding the Select Committee's endeavors comes on the heels of a November House Intelligence Committee report reaffirming that many of the Benghazi smears peddled by Fox and others were distortions of the truth or outright lies. Previous nonpartisan investigations have done the same.
Nevertheless, Fox News led up to Wednesday's hearing with a smattering of attacks on the Intelligence Committee report, suggesting it was "soft" on the Obama administration.
Methodology: Data based on a Snapstream search for "Benghazi" among Fox News Channel transcripts from 6 AM - 3 pm on December 10, 2014.
From the December 8 edition of Fox News' Happening Now:
Fox News revived a long debunked myth to inflate the number of long-term, sustainable jobs that would be created by the Keystone XL pipeline.