Right-wing media are mocking proposed legislation that would make the language in the federal marriage code gender-neutral, following the Supreme Court's decision earlier this month making same-sex marriage legal in every state.
From the June 16 edition of Fox News' Fox & Friends:
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Fox News falsely asserted that President Obama was disarming police officers by issuing an executive order limiting the transfer of certain military equipment to local law enforcement agencies. But the order merely limits local law enforcement's access to certain types of military equipment by prohibiting their acquisition from the federal government.
From the May 5 edition of Fox News' Outnumbered:
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Right-wing media's bogus claim that the Environmental Protection Agency (EPA) will monitor hotel guests' use of the shower has made the jump to Sen. Rand Paul's (R-KY) 2016 presidential campaign.
The EPA recently awarded a $15,000 grant to student researchers at the University of Tulsa to allow them to develop a device that will "assist hotel guest[s] in modifying their behavior to help conserve water." Conservative media seized on the news to claim the EPA wants to "spy on" people in the shower. Fox News' Heather Nauert claimed that hotel guests should "forget about taking a long, hot shower on vacation, and if you think you're doing it in private, well, you might want to think again" while on-screen text during the segment read "They're Always Watching! EPA To Start Monitoring Showers At Hotels." And Rush Limbaugh asserted that the EPA would not "stop at hotels. You're gonna have one of these [devices] in your house."
Sen. Paul appears to be parroting right-wing media's false claim that the EPA is going to monitor water usage in people's showers. According to National Journal, Paul's campaign sent out a fundraising email on Tuesday claiming the "'EPA is announcing it wants to use our tax dollars to track how long hotel guests spend in the shower so they can start working to 'modify their behavior'!" The Journal also noted that the grant has similarly "been attacked in conservative circles and was subject to coverage by several conservative websites and news outlets last month."
However, the claim has been thoroughly debunked. The EPA is simply supporting research to create a central wireless device that would supply information about guests' overall shower water consumption to hotels, which could help companies reduce waste and save money. EPA deputy press secretary Laura Allen told The Washington Free Beacon, "Let us be very clear: EPA is not monitoring how much time hotel guests spend in the shower." EPA's Liz Purchia added to the Journal:
The marketplace, not EPA, will decide if there is a demand for this type of technology. EPA is encouraging creativity with water-conservation efforts. It's up to hotels to determine their water usage and whether technology like what's being developed at the University of Tulsa is helpful to them.
The University of Tulsa students' research could help reduce some of the millions of gallons of water wasted each year by hotel guests -- a valuable goal, considering the West Coast is currently experiencing a catastrophic drought.
Fox News is fearmongering that the EPA is going to monitor the shower use of hotel guests because the agency gave a research grant to college students working on a wireless device that would allow hotels to examine guests' shower use and encourage water conservation. Fox News portrayed this as a "Big Brother move," despite a complete absence of evidence that the agency will actually monitor hotel guests' water usage. Further, research into water conservation -- including this project -- is desperately needed as the West Coast suffers from a historic drought.
The EPA recently awarded the grant, for $15,000, to student researchers at the University of Tulsa. The EPA's description of the grant says the device will "assist hotel guest[s] in modifying their behavior to help conserve water."
On the March 18 edition of Fox & Friends, co-host Heather Nauert reported on the story by saying, "Well, forget about taking a long, hot shower on vacation, and if you think you're doing it in private, well, you might want to think again." A graphic in the segment also gratuitously claimed: "EPA To Start Monitoring Showers At Hotels":
Other right-wing media took the fearmongering even further, publishing stories with headlines like "The EPA wants to watch you in the shower" and "New EPA Proposal Would Spy On Hotel Guests In The Shower." Rush Limbaugh baselessly warned on the March 17 edition of his radio show that if the grant is implemented, "you're gonna have one in your house before too long." He went on to say, "Everybody's afraid of this administration. Everybody is. So then the EPA is gonna monitor the length of your showers -- My point is, if this ever really happens, this is not gonna stop at hotels. You're gonna have one of these in your house."
The EPA is not going anywhere near your shower. The agency is merely supporting research that would send data on water use to a central hotel accounting system -- much like a smart meter that supplies information to utilities about residents' electricity consumption habits. The device could ultimately help companies save money as well as protect the environment. Many hotels have several conservation efforts currently in place; it makes economic sense to do so.
Fox & Friends highlighted the Department of Justice's finding of systematic racial bias in the Ferguson Police Department to blame Attorney General Eric Holder for the shooting of two police officers, after previously overlooking the racial bias findings when the report was first released in order to hype the lack of charges against Darren Wilson.
On March 4, the Department of Justice (DOJ) released the findings of their Ferguson investigation in two reports. One report stated that police officer Darren Wilson's "'actions do not constitute prosecutable violations' of federal civil rights law," while the second report found "systemic racial discrimination by the Ferguson Police."
On the March 12 edition of Fox News' Fox & Friends, reporter Peter Doocy described the DOJ's finding of racial bias, emphasizing that Attorney General Eric Holder "floated the possibility" of dissolving the Ferguson police department as a result, while co-host Steve Doocy linked the DOJ report and Holder's response to the shooting of two police officers in Ferguson. Doocy described the shooting, saying, "a new wave of violence comes one week after Attorney General Eric Holder vowed to dismantle that city's police department," and questioned whether it was "what he wanted."
Co-host Elisabeth Hasselbeck asked Fox senior judicial analyst Andrew Napolitano whether Holder "fuel[ed] the flame," and Napolitano asserted, "he probably did fuel the flame," emphasizing that "the political environment in which this happened, obviously, the flames were fanned by" Holder.
Fox News cherry-picked from President Obama's statements at a town hall event to falsely suggest Obama is illegally enforcing his immigration directives in violation of a court order temporarily blocking the directives from going into effect -- but the Obama administration has already suspended implementation of the executive action to comply with the ruling.
On February 25, Obama spoke "directly to the Latino community" at an MSNBC town hall. Speaking with Telemundo and MSNBC host José Díaz-Balart, the president discussed the implications of the recent halt on his immigration actions put in place by a federal judge in Texas, a ruling that is currently being appealed by the Department of Justice.
During the February 26 edition of Fox & Friends, Fox News anchor Heather Nauert played an out-of-context clip of the president's remarks at the town hall, suggesting he was illegally enforcing the immigration actions at issue in the Texas case. Nauert claimed that Obama was "warning" Immigration and Customs Enforcement (ICE) agents who did not follow his executive action and aired a clip of Obama saying:
OBAMA: The bottom line is, is that, if somebody's working for ICE and there's a policy and they don't follow the policy, there're going to be consequences to it.
After airing the clip of Obama's remarks, Nauert alleged that "there's just one problem" with Obama saying ICE agents would have to follow his directives -- "a federal judge has issued a ruling halting the executive immigration order in its tracks":
Later in the program, host Steve Doocy again played the cropped clip of Obama's remarks and claimed that the president was "essentially threatening ICE agents." Doocy added that Obama's policy was to "let everybody stay, but the laws say, if you're in the country illegally, you should be deported":
But the full context of Obama's statements show the president was speaking broadly about ICE agents following policies that are in place, making clear that a federal judge has currently blocked his most recent executive order. In the portion of the town hall directly prior to the remarks Fox aired, Obama told Díaz-Balart that while the administration appeals the Texas ruling, agents are expected to prioritize deportations properly and consistently with existing directives provided by the Department of Homeland Security and the administration (emphasis added):
DIAZ-BALART (Reading question from social media): How do you guarantee that an immigrant who is in the middle of legalizing his status, that he or she is not going to be deported by ICE? Mr. President, my husband was deported during the process, and this, she says, happened just last week.
OBAMA: You know, I would have to know the details of exactly what happened. But what I can tell you is that, until we pass a law through Congress, the executive actions that we've taken are not going to be permanent. They're temporary. We are now implementing a new prioritization. There are going to be some jurisdictions, and there may be individual ICE officials, or border patrol, who aren't paying attention to our new directives. But they're going to be answerable to the head of the Department of Homeland Security, because he's been very clear about what our priorities should be. And I've been very clear about what our priorities should be.
And the -- I don't know what the particular circumstances here are. But what I can tell you is, people who have signed up, for example, under my executive action in DACA, there are seven, 800,000 people who have signed up. They haven't had problems. It's worked. So we know how to make this work. Right now we've got a judge who's blocking it from working. And in the interim, until we can actually process all these applications, then what we're going to do is do what we can in terms of making sure that we're prioritizing it properly.
But the challenge is still going to be that not only do we have to win this legal fight, which we are appealing very aggressively, but ultimately we're still going to have to pass a law through Congress. The bottom line is, Jose, that I'm using all of the legal power vested in me in order to solve this problem. And, you know, one of the things about living in a democracy is that we have separation of powers, we have Congress, we have the judicial branch. And, you know, right now, we've got some disagreements with some members of Congress, and some members of the judiciary in terms of what should be done. But what I'm confident about is ultimately this is going to get done. And the reason it's going to get done is it's the right thing to do. And it is who we are as a people.
DIAZ-BALART: But what are the consequences? Because, how do you -- how do you ensure that ICE agents or border patrol won't be deporting people like this? I mean, what are the consequences?
OBAMA: Look, the bottom line is that if somebody's working for ICE and there's a policy, and they don't follow the policy, there are going to be consequences to it. So I can't speak to a specific problem. What I can talk about is what's true in the government generally. In the U.S. military when you get an order, you're expected to follow it. It doesn't mean that everybody follows the order. If they don't, they've got a problem. And the same is going to be true with respect to the policies that we're putting forward.
The Obama administration has already delayed the implementation of their executive action on immigration in response to the court's ruling on the matter. As The New York Times explained, "administration officials ... postponed President Obama's sweeping executive actions on immigration indefinitely, saying they had no choice but to comply" with the judge's order to halt the policy.
Fox News and other conservative media outlets are attacking gun safety group Coalition to Stop Gun Violence (CSGV) by falsely claiming that the group insulted slain Navy SEAL sniper Chris Kyle. But CSGV did nothing of the sort. The attacks rely on blaming CSGV for statements made by commenters to its public Facebook page.
Kyle was a decorated veteran of the Iraq War who was well known for having 160 confirmed kills. In January 2013, Kyle published a book about his experiences, but was murdered just days later at a shooting range by a veteran allegedly suffering from PTSD. Kyle's life story has been turned into a movie, American Sniper.
During the January 13 edition of Fox & Friends, host Heather Nauert falsely claimed, "This morning the anti-gun group Coalition to Stop Gun Violence is blasting Kyle, inviting its Facebook users to trash the American hero." On-screen text included "Dishonoring A Hero" and "Anti-Gun Group Trashes Chris Kyle."
The January 13 edition of Fox & Friends First similarly claimed CSGV was "trashing Chris Kyle" and "taking swipes at the U.S. military's most lethal sniper," and later displayed a graphic asking, "Should This Group Be Trashing One Of Our Military Heroes Who Defended Our Freedom?"
The smear likely originated from a January 12 article at the conservative Washington Examiner that claims CSGV "is targeting Clint Eastwood's potential Oscar nominee 'American Sniper." As evidence, the Examiner links to an October 2, 2014, post by CSGV on its Facebook page that calls the upcoming movie an "Interesting project," while linking to a USAToday.com article about the film:
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.
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 revived a long debunked myth to inflate the number of long-term, sustainable jobs that would be created by the Keystone XL pipeline.
Conservative media attacked President Obama over a historic deal between China and the U.S. to reduce carbon emissions, claiming that the deal was a "cave" to China and that the U.S. got "steamrolled." But climate experts and others widely agree that the deal is an important step in the fight against climate change.
Fox News hosts Jon Scott and Heather Nauert suggested that California voters did not know what they were doing when they passed a ballot measure that will reduce criminal penalties and address unconstitutional overcrowding in the state's prisons.
On November 4, Californians voted to pass Proposition 47, known as the Safe Neighborhoods and Schools Act. As the Huffington Post reported, the measure would downgrade "nonviolent felonies like shoplifting and drug possession" to misdemeanors, an act that would lead to about "40,000 fewer felony convictions" and save the state "hundreds of millions of dollars on prisons" annually.
On the November 6 edition of Happening Now, hosts Heather Nauert and Jon Scott hosted a panel that included the author of Proposition 47 to discuss what the legislation would mean for California. Nauert suggested that those who voted for measure may not have known what they were doing. Asking "if the people who voted for that proposition knew what it was really all about," Nauert called its title "misleading" while Scott mused that "you do have to wonder" about it since "everybody wants safe schools and neighborhoods... but do they know what they were really voting for?":
But Fox's assessment of voters' inability to grasp what they were voting for ignores the wide-margin by which the measure passed. Capturing 58 percent of the vote, Proposition 47 proved widely popular with Californians at the ballot box.
Moreover, the new law will bring the California justice system in compliance with its constitutional obligations. In 2011, the Supreme Court ordered California officials to reduce its prison population, which had grown to unconstitutionally high levels after the state enacted a "three-strikes law" in 1994 that forces judges to sentence repeat offenders to prison for life. Writing for the majority, conservative Justice Anthony Kennedy determined that California's prison system resulted in "needless suffering and death" as a result of "serious constitutional violations." Kennedy continued:
Overcrowding has overtaken the limited resources of prison staff; imposed demands well beyond the capacity of medical and mental health facilities; and created unsanitary and unsafe conditions that make progress in the provision of care difficult or impossible to achieve. The overcrowding is the "primary cause of the violation of a Federal right," specifically the severe and unlawful mistreatment of prisoners through grossly inadequate provision of medical and mental health care.
California lawmakers were still struggling to address "severe overcrowding" in the state's prison system earlier this year, but Proposition 47 is one step towards getting the state in line with the Supreme Court's order while still ensuring that violent offenders remain in prison.
Nauert and Scott's comments are just the latest Fox attack on voters. The network has previously suggested that young women shouldn't vote, that young people should stay away from polls "if they don't know the issues," and that Americans should have to pass citizenship tests before gaining the right to vote.
Fox News misrepresented the latest news about a controversy over the Advanced Placement (AP) history curriculum in Jefferson County, Colorado, falsely portraying a vote by the county's school board as a decision to "mak[e] history courses more patriotic." In fact, the board voted to change the way the school district reviews its curricula, but it did not adopt the supposedly "patriotic" changes to the AP history curriculum, which Fox has been promoting.
Hundreds of Jefferson County high school students have walked out of class over the past few weeks in response to the proposed changes to the AP history curriculum. The original resolution, introduced by school board member Julie Williams, "stated that AP history classes should promote 'patriotism and ... the benefits of the free-enterprise system' and should not 'encourage or condone civil disorder.'"
Fox News has reported on this story several times, including hosting Ken Witt, the conservative president of the school board, to scapegoat teachers unions for supposedly "using students" as "political pawns," despite a statement to the contrary by the president of the local teachers union. Fox host Gretchen Carlson even told students "that if they 'don't like it here,' then they should just 'get out.'" Fox's disapproval of these protests stands in stark contrast to the network's previous lauding of students who stood up against things like healthy school lunches and rules regarding religious texts.
On the October 3 edition of Fox & Friends, Fox host Heather Nauert reported on the Jefferson County school board meeting the night before, claiming that the board "voted 3-2 in favor of making history courses more patriotic" while an on-screen graphic read "A Win For Patriotism":
NAUERT: The controversial history plan that sparked massive protests in Colorado still alive this morning despite students, parents, and teachers protesting for days. The Jefferson County School Board voted 3-2 in favor of making history courses more patriotic. There was a bit of a compromise, though. The board will let students and teachers get more involved in that process. [emphasis added]
Nauert's report, however, is misleading. Though she is correct that the vote allows for input from students and teachers, according to reporting from local TV station KUSA and the Associated Press, the board in fact voted 3-2 "to revise procedures for reviewing curriculum but did not specifically approve a review of AP U.S. History." The report continued:
Ultimately the board adopted a compromise proposal penned by Superintendent Dan McMinimee to revise current review procedures to include students, teachers and other community members. But the committee that was approved is not course-specific and has not been charged at this point with reviewing AP U.S. History, according to Marlene Desmond with Jeffco Public Schools.
While another Associated Press report acknowledged that Williams "refused a call to withdraw her original proposal," The Washington Post emphasized that "it's not immediately clear whether the committee will review the history course, only that the meetings must be held in public." In addition, NPR reported that after two weeks of protest in the county, "the original language about patriotism was dropped," though "the resolution still calls for a committee to review course materials."
Meanwhile, FoxNews.com published an Associated Press story that also described the events accurately.