Fox News is using an ad opposing Stand Your Ground self-defense laws that reenacted the fatal 2012 shooting of 17-year-old Trayvon Martin to revive the false claim that Florida's Stand Your Ground statute played no role in the acquittal of Martin's shooter, George Zimmerman.
On August 19, the Coalition to Stop Gun Violence released an online ad reenacting the night Martin was killed as part of an effort to seek the repeal of Stand Your Ground laws, which are on the books in more than 20 states. Those laws drew controversy after Martin's death, with critics claiming Florida's broad self-defense statute had provided Zimmerman with too much leeway to kill Martin without repercussion. On July 13, a Florida jury found Zimmerman not guilty of murder or manslaughter in Martin's killing. Two days later, a juror told CNN that they felt neither crime applied because Zimmerman had "a right to defend himself" by killing Martin under Stand Your Ground, which should have ended all debate over whether the law played a role in the case.
But while discussing the CSGV ad on the August 20 edition of America Live, guest anchor Shannon Bream said, "Let me also start with the fact that the Stand Your Ground law was not used in the Zimmerman case, but that's what this ad is all about. Does it do a disservice to both sides of this debate if we're starting from a place that's not even factually accurate?"
After radio host Richard Fowler attempted to correct Bream by accurately stating that the Stand Your Ground defense was described in instructions to the jury, Larson falsely responded, "No, it wasn't."
From the August 20 edition of America Live:
BREAM: Richard, let me also start with the fact that the Stand Your Ground law was not used in the Zimmerman case, but that's what this ad is all about. Does it do a disservice to both sides of this debate if we're starting from a place that's not even factually accurate?
FOWLER: The facts are that the Stand Your Ground law was in the jury instructions and beyond that --
LARSON: No, it wasn't. No it wasn't.
Larson is wrong. The publicly available Zimmerman trial jury instructions -- which were entirely based on Florida's Stand Your Ground self-defense law -- stated: "If George Zimmerman was not engaged in an unlawful activity and was attacked in anyplace where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony."
The jury instructions are nearly identical in wording to the text of Florida's Stand Your Ground law. According to Dan Gelber, a former Florida state senator and former prosecutor who opposes the law, Stand Your Ground "fundamentally changed the analysis used by juries to assign blame in these cases." The law was also important to the case because it was cited by authorities as a reason for why Zimmerman was not initially arrested after shooting Martin.
National Rifle Association board member Ted Nugent is well known for making inflammatory remarks during his performances, as evidenced by an infamous video from a 2007 concert where the machinegun-toting rocker called then-Sen. Barack Obama a "piece of shit" and then-Sen. Hillary Clinton a "worthless bitch."
Fan videos posted online from Nugent's "Black Power 2013" tour -- which he named as a way to pay "tribute to our black heroes nightly" -- indicate that Nugent has only ramped up his rhetoric, launching inflammatory attacks on President Obama and using violent imagery to describe his opposition to the federal government.
Among the lowlights, Nugent attacked the "lying racist in the White House," "criminal pieces of shit in the IRS," "dirty cocksuckers in the government," "the jack boot Nazi motherfuckers in the Department of Justice," "fucking retarded mongrels" who support animal rights, and "well-fed motherfucker food stamp cocksuckers." He also drew a comparison between the American Revolution and the present, stating, "When the British came to take our guns we met them at Concord Bridge and we blew their fucking brains out," and warned his audience, "keep a fucking gun in your hand, boys."
As a musician and conservative commentator, Nugent is to many the public face of the NRA. Nugent has had a longstanding relationship with the gun rights organization, serving on its board of directors since 1995. In the group's 2013 board elections Nugent was second only to Fox News contributor Oliver North for most votes in favor of reelection. Nugent is also a fixture of the NRA's annual meeting, delivering talks in 2008, 2010, 2011, 2012 and 2013. After the 2012 meeting, Nugent drew the attention of the Secret Service for saying he would be "dead or in jail" if Obama was reelected as president. An NRA memo indicated that he was paid $50,000 by the NRA for a "spoken presentation" in 2011. Nugent is also the author of a song, "I Am The NRA" that includes the lyrics: "If you hate tyrants and dictators and are ready to give freedom a whirl/Celebrate the NRA and the shot heard round the world."
Despite his lengthy history of inflammatory comments, Nugent twice appeared on CNN to discuss gun violence prevention legislation proposed after the Sandy Hook Elementary School massacre in Newtown, Connecticut. While previewing an interview with Nugent, CNN reporter Deb Feyerick said on the February 1 edition of Erin Burnett OutFront that Nugent has a "very firm grasp of the facts" about gun violence and "a very deep connection with the facts and the facts that he needs to make his argument." After airing the Nugent interview on February 4, host Erin Burnett and Feyerick treated Nugent's conspiracy theory that the Obama administration was planning to confiscate firearms as a credible argument. Notably Nugent botched an indisputable fact of the Sandy Hook massacre in a February 13 column for conspiracy website WND, where he claimed that the shooter did not use an assault weapon. Still, Nugent made an appearance on Erin Burnett OutFront on April 11 to again discuss gun violence prevention legislation, although no mention was made of his past inflammatory rhetoric or false claims about gun violence.
Below are 10 inflammatory moments from Nugent's "Black Power" tour:
The "ethics complaint" against Colorado State Sen. Angela Giron reported on by The Pueblo Chieftain and Colorado ABC affiliate KRDO was never accepted by the Colorado Secretary of State for review, as revealed in an open records request by a local government watchdog group.
Reacting to media coverage of the complaint -- which alleged that Giron's listing of her state email address on her campaign website constituted a violation of ethics rules -- Colorado Ethics Watch director Luis Toro told Media Matters in an August 6 interview that the allegation was "extremely thin" before predicting that it would be "almost certainly dismissed as frivolous." Toro also questioned why the complaint did not appear on the Secretary of State website, noting that it is standard procedure for even a frivolous complaint to be posted and then referred for adjudication.
Giron is facing recall over her support of legislation to expand background checks on gun sales and limit firearm magazine capacity to 15 rounds.
According to emails obtained by CEW on August 15, an employee from the Secretary of State's Election Division responded to the ethics charge with instructions on how to file a campaign finance complaint. An internal email between Secretary of State employees indicated confusion over the complaint with one staffer emailing another, "Not sure if this is meant to be a campaign finance complaint under the $50 rule." This is likely because the complaintaint's allegation centered on Giron's conduct as a candidate meaning it would be properly characterized as a campaign finance violation rather than an ethics complaint.
[Colorado Ethics Watch, accessed 8/16/13, personal email address redacted]
A spokesperson for the Basic Freedom Defense Fund, the NRA-backed group behind an effort to recall two Colorado Democratic state senators over their votes for stronger gun laws, baselessly claimed on NRA News that the campaign of recall-targeted Senate President John Morse was plotting to commit "massive amounts of voter fraud including ballots possibly even being mailed in from Chicago."
Reacting to an August 12 court decision which will necessitate that the recall election be conducted with polling centers instead of solely through mail-in ballots, BFDF spokesperson Jennifer Kerns said the change could stymie what she described as a plot by Chicago-based groups hired by Morse's campaign to commit voter fraud by sending in fraudulent ballots from out of state. From the August 13 edition of Cam & Company on NRA News:
KERNS: The state of Colorado, in keeping with its crazy election year tradition, the state of Colorado passed a very controversial same day voter registration bill that completely changed the election laws in the state of Colorado and turned this election into an all mail ballot election.
Well we've been bracing ourselves for massive amounts of voter fraud including ballots possibly even being mailed in from Chicago. As you know, John Morse and his campaign, as they say follow the money in politics, he has hired -- even his own political consulting firms are from Chicago. They represent the Chicago Federation of Labor, the AFL-CIO and AFSCME, some of the hardest players in politics. So we've been bracing ourselves for an all mail-in ballot situation where you could potentially have ballots coming in from people out of the state.
Kerns added, "I think it's much harder for the Democrats to cheat if they have to do it in person. They have to spend their time and treasure busing people in to try to commit fraud."
The registration fraud scenario described by Kerns -- where out of district or state individuals would use Colorado's same day voter registration law to obtain mail-in ballots -- has circulated in state conservative media, but is in fact based on a misreading of Colorado's new election laws.
Colorado newspaper The Pueblo Chieftain is misrepresenting Colorado's new voting law in order to stoke fears that a recall election targeting Democratic State Sen. Angela Giron will be marred by fraud. The paper's editorial board falsely claimed that the new law would allow individuals who live outside of Giron's district to vote in the election "but then later say they had a change of heart and have abandoned plans to move into that jurisdiction."
Giron is facing recall over her support of legislation to expand background checks on gun sales and limit firearm magazine capacity to 15 rounds. Ballots in the election are to be mailed to voters beginning on August 19.
Claiming that "the Democrats who control the Colorado Legislature have passed a new voting law, one which literally invites fraud," the Chieftain editorial board distorted Colorado law to manufacture a voter registration fraud scenario:
Under the law passed this year, people need only to swear under penalty of perjury that they have lived in Colorado for at least 22 days and reside or plan to reside in the precinct or county where they wish to vote. Once they have done that, they are allowed to cast ballots.
The problem is, if there were groups from outside a jurisdiction who want to affect an election in that jurisdiction, they could vote under the conditions outlined in the new law, but then later say they had a change of heart and have abandoned plans to move into that jurisdiction.
The Chieftain's claim that voting is allowed by those who only profess an intention to move into the district is false. In fact, the new law allows an individual who has already moved into a district to vote immediately, so long as they attest to their intent to stay. Voting from outside of the district is not allowed. Furthermore, prior to the enactment of new voting laws Colorado already had a rarely used same day voter registration provision known as "emergency voting." As the Colorado Springs Independent explains:
The NRA's newly launched campaign to oppose a California legislative proposal to ban lead ammunition for hunting, Hunt for Truth, has already been pulled from the Internet along with an accompanying NRA press release announcing the initiative. Using archived webpages, Media Matters documents the NRA's repeated denial that lead ammunition poses a danger to wildlife, despite scientific evidence that lead ammunition threatens the survival of the critically endangered California condor.
Colorado newspaper The Pueblo Chieftain is credulously reporting on an alleged "ethics complaint" by Democratic State Sen. Angela Giron, which, according to a Colorado ethics watchdog group, will be "almost certainly dismissed as frivolous."
The Chieftain's reporting on the complaint -- that Giron posted her state email address and phone number on her campaign website -- is latest piece of questionable Chieftain coverage of the recall campaign targeting Giron over her support for stronger gun violence prevention laws.
Following the Colorado General Assembly's passage of legislation to expand background checks on gun sales and limit firearm magazine capacity to 15 rounds, Giron and three other Senate Democrats who supported the gun violence prevention measures were subject to recall petition drives. On July 18, a Denver judge certified recall petitions against Giron and Senate President John Morse, setting the stage for a September 10 recall election.
According the top local news story in the August 3 edition of the Chieftain, "An Avondale man sent an ethics complaint in an email to the Colorado Secretary of State's office Friday" alleging that Giron "is using her state-provided email address and phone number on her campaign website." The complainant reportedly does not live in Giron's district, but contacted the Secretary of State because "he is not a fan of her politics, especially her votes on the state's gun control laws." The story also quoted Becky Mizel, chairwoman of the Pueblo County Republican Party, who falsely claimed that "Angela Giron has chosen to use state resources and taxpayer money for her own political gain," and added that she was "disgusted" by Giron's actions.
In response to the Chieftain article, left-leaning political blog Colorado Pols noted that a number of Colorado state legislators -- both Republicans and Democrats -- feature state contact information on their campaign websites. In fact, a Media Matters review of Colorado's 100 General Assembly members' campaign websites found that 53 members listed a state phone number, e-mail address and/or mailing address.
Furthermore, the allegation against Giron is likely baseless and was not accurately reported by the Chieftain.
National Rifle Association board member Ted Nugent compared himself to a "black Jew" in Nazi Germany while discussing widespread criticism he has faced after making a series of inflammatory comments on race.
Since the July 13 acquittal of George Zimmerman, Nugent has used his media platform to stereotype African Americans as violent and make disparaging comments about deceased Florida teenager Trayvon Martin. As a result, he has faced calls for his removal from the NRA's board of directors, criticism in cable and print media, and a boycott of an upcoming concert in New Haven, Connecticut.
Responding to his critics during an August 1 interview with Mark Reardon on NewsRadio 1120 KMOX, Nugent said he was "like a black Jew in Nuremberg 1938 and the Brownshirts can't stand me. So I'll just keep derailing their trains, shall we say."
National Rifle Association board member Ted Nugent endorsed the conspiracy theory that President Obama's birth certificate is a forgery in his regular column for conspiracy website WND.
Riffing on a recent claim by Obama that his critics promote "phony scandals" involving his administration, Nugent wrote in his July 31 column that "more of us believe in the American hero Sheriff Joe Arpaio's thorough investigation into your phony birth certificate and phony history than the phony media's smoke and mirrors."
In July 2012 Arpaio, a controversial Arizona sheriff, announced that a "Cold Case Posse" under his direction determined that Obama's "long-form birth certificate was manufactured electronically and that it did not originate in a paper format as claimed by the White House." The "Cold Case Posse" reportedly attempted to uncover evidence that Obama was born in Kenya.
Nugent also suggested in his column that Obama is engaged in a "Saul Alinsky inspired attack on America" which involves "intentionally implementing the 'Rules for Radicals' agenda so appropriately dedicated to Satan."
Beyond his endorsement of birtherism, Nugent made a number of inflammatory attacks on Obama including accusing him of engaging in "phony racism" and suggesting that Nidal Hasan, the man allegedly responsible for a 2009 mass shooting at Fort Hood, is Obama's "Allah Ahkbar buddy."
National Rifle Association Executive Vice President Wayne LaPierre criticized President Obama for saying that Americans should disregard those who say "tyranny is always lurking just around the corner," before warning that the administration is attempting to "disarm citizens on multiple fronts -- a step at a time -- not only of their firearms, but of their free speech"
The NRA often engages in hyperbolic language to suggest that Obama wishes to form a tyrannical government and destroy the Second Amendment. From LaPierre's July 30 op-ed appearing on conservative news website The Daily Caller:
Specifically, Obama signaled what he sees as dangerous political speech in his May, 2013 [Ohio University commencement] address:
"Unfortunately, you've grown up hearing voices that incessantly warn of government as nothing more than some separate sinister entity that's at the root of our problems. Some of these voices also do their best to gum up the works. They warn that tyranny is always lurking just around the corner. You should reject these voices."
As members of the oldest civil rights organization in the nation, NRA members know tyranny when we see it. Five million strong, we proudly "gum up the works" when those "works" are designed to destroy American liberty, be it attacks on rights guaranteed by the Second Amendment or the First Amendment.
"Tyranny." That's Obama's word. The president is right about one thing: Many people are, indeed, warning about tyranny "lurking just around the corner."
Referencing controversy over the Internal Revenue Service's use of improper screening methods when reviewing tax-exempt status for some non-profit groups, LaPierre wrote, "Obama cannot erase the Second Amendment without crippling or controlling exercise of the First Amendment. And that's exactly what is at the heart of the ongoing scandals involving the vindictive assault on conservative Americans by the Internal Revenue Service (IRS)."
In fact, this characterization is overblown. There is no evidence of White House involvement in the use of improper screening methods by the IRS. Furthermore, despite initial reports that only conservative non-profits were targeted, it was later revealed that the IRS also used improper screening techniques on liberal organizations as well.
Still, in his opinion piece LaPierre described the IRS as "the president's thug arm" and implored readers to elect candidates who will "root out and prosecute what has morphed from the corruption of the 'Chicago way,' into the much more sinister Obama way," adding that he hopes "Obama's 'transformation' of our nation and our culture" can be stopped.