From the March 31 edition of Fox News' Special Report with Bret Baier:
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Media outlets have argued that Indiana's new Religious Freedom Restoration Act (RFRA) mirrors RFRAs passed in other states as well as the federal RFRA signed into law in 1993 by then-President Bill Clinton. In fact, Indiana's RFRA is broader than other versions of the law, and experts say it could allow private businesses to discriminate against LGBT customers on the basis of religion.
Right-wing media are continuing to defend Indiana's newly-enacted Religious Freedom Restoration Act (RFRA) and dismissing concerns that the law could provide cover for religious individuals or business owners intent on discriminating against LGBT customers. In fact, RFRA has been used as a defense against discrimination claims in the past, New Mexico's version was used against a gay couple just recently, and supporters of these expanded forms of RFRA have explicitly pointed to anti-gay sentiment as their intent.
Since the passage of Indiana's RFRA, right-wing media have erroneously claimed that criticism of the law is overblown, because it does nothing more than mirror the federal version of RFRA and RFRAs in other states. But Indiana's law is more expansive than other versions because it provides a legal defense to both private individuals and for-profit businesses in lawsuits even where the government is not a party, and unlike several other states who have passed RFRAs, Indiana lacks a statewide law that protects LGBT residents from discrimination.
Conservative media figures like National Review's Rich Lowry have also argued that Indiana's RFRA will not be used as a license to discriminate against LGBT customers because if RFRA laws "were the enablers of discrimination they are portrayed as, much of the country would already have sunk into a dystopian pit of hatred." Right-wing radio host Hugh Hewitt also downplayed the potential legal ramifications of Indiana's law, claiming on his show that the federal version of RFRA has "been the law in the District of Columbia for 22 years [and] I do not know of a single incident" of the law being used to discriminate against gay people. He did not address the fact that it is the newer state versions that have sparked the current outrage.
On the March 31 edition of Fox News' Fox & Friends, co-host Steve Doocy made a similar argument in an attempt to pretend fears of the law's discriminatory effects were baseless, claiming that Indiana's RFRA is not "anti-gay" because it has "never not once" been used as a legal defense by religious business owners accused of anti-LGBT discrimination:
From the March 31 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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National Rifle Association News host Cam Edwards lashed out at a Daily Tar Heel editorial that argued guns are not the solution to campus sexual assault by claiming that the "burden" of stopping sexual assaults and other violent crimes as they occur "is on the victim."
According to Edwards, "it is the truth that if you are the victim of violent crime or the victim of an attempted violent crime, it is not the patriarchy that puts the burden on you to defend yourself, it is not rigid gender roles, it is -- it's a fact of life."
In a March 22 editorial, independent student newspaper The Daily Tar Heel criticized national group Students for Concealed Carry for raising the issue of campus sexual assault in a gambit to loosen rules on carrying guns on public campuses in North Carolina.
The Daily Tar Heel wrote, "Concealed weapons would not significantly reduce sexual assault and would create inadvertent risks within other forms of interpersonal violence," and added that proponents of guns on campus "could reinforce rape culture because the burden of stopping assault would be further placed upon women." Noting that guns increase the risk of homicide in domestic violence situations, the Tar Heel concluded that "[t]o reduce sexual assault, focus should be maintained on preventative programs that challenge rigid gender roles and promote healthy relationships as well as intervention trainings that teach peers to be active bystanders rather than on measures that will not solve the problem."
On the March 27 edition of NRA News program Cam & Company, Edwards said the editorial "could only be written by somebody on that college campus without a lot of thought and experience in the real world" and that he was "dumber [for] having read" the editorial.
In particular, Edwards took issue with the Tar Heel's argument that telling women that they should carry guns to prevent sexual assault places the "burden" of preventing such attacks on those women. Edwards repeatedly argued that the "burden" of stopping all violent crimes -- including sexual assault -- was in fact on the victim.
CBS Evening News falsely claimed that "19 other states" have laws similar to Indiana's controversial new "religious freedom" law -- but as both NBC Nightly News and ABC World News pointed out, the state's new legislation is different in its effects, in part, because the state lacks protections for sexual orientation.
Indiana Governor Mike Pence signed the "Religious Freedom Restoration Act" (RFRA) on March 27, providing a legal defense for individuals and business owners who cite their religious beliefs while discriminating against LGBT people.
On the March 30 edition of CBS Evening News, Adriana Diaz reported on the backlash following the passing of the measure, claiming in a March 30 report that "19 other states have similar laws" to the religious freedom law signed by Pence in Indiana" and that "many were passed before gay marriage laws swept the nation."
But as both NBC and ABC explained during their evening news reports on the newly passed measure, Indiana's "religious freedom" law differs in effect from those passed in several other states because the state lacks protections for LGBT people. As Gabe Gutierrez explained on NBC Nightly News, although 19 other states "have similar laws," Indiana's "is different, in part because there is no statewide non-discrimination law here protecting sexual orientation." On ABC World News, network reporter Gio Benitez also pointed to the lack of protections, reporting that "business owners who want to deny services to gay and lesbian couples" may be able to, unlike the situation in other states "with similar laws in place."
Indiana's RFRA is also much broader than the RFRAs that have been passed in other states, both because of its expansive definition of a "person" and its criteria for determining who can invoke RFRA as a defense in a legal dispute. As the ACLU of Indiana noted, these differences make Indiana's RFRA "virtually without precedent." Even Fox News anchor Brett Baier dismissed the comparison between Indiana's law and other laws across the country.
This post has been updated for clarity.
Editorial boards in states with Republican senators are condemning their representatives for refusing to allow an up-or-down vote on Loretta Lynch, President Obama's highly-qualified pick to become the next U.S. Attorney General, despite bipartisan support for her nomination.
National Rifle Association board member Ted Nugent called MSNBC host and civil rights activist Al Sharpton a "racist mongrel" and claimed that the only racism he can discern in the United States is "coming out of the White House" during a radio appearance.
Nugent's racially charged attack on Sharpton comes weeks before he is scheduled to appear at the NRA's annual meeting, which will be held April 10 through 12 in Nashville, Tennessee. On April 12, Nugent is scheduled to give a presentation titled "Freedom is not Free and We the People Must Keep It Alive!" According to the NRA, Nugent will "remind Americans that there is a cost for the Freedoms that we enjoy" and tell the crowd "what you can do to keep this country free" during his appearance.
During a March 24 appearance on KFYI's The Mike Broomhead Show, Nugent said that he was "shattered" to learn of racism against African-Americans as a young person, but that "by the late 60s, the 70s, I couldn't find racism. I never saw racism. I never heard of racism. I thought it was a thing of the past in isolated pockets of inbreeding and cannibalism and spiritlessness." According to Nugent, he only became aware of racism again after hearing President Obama's comments on the controversy that surrounded the arrest of Harvard professor Henry Louis Gates, who is African-American, by a white police officer.
Citing Obama's remarks on Trayvon Martin, "the racism of" Attorney General Eric Holder, and "racist mongrel" Al Sharpton, Nugent said, "nowhere can I find racism except coming out of the White House."
Comedy Central's The Daily Show debunked some of right-wing media's favorite myths about campus sexual assault, highlighting the high levels of the crime occurring at colleges and universities, the low instances of false reporting and the rarity of punishment for those accused.
During a March 25 interview on The Daily Show, host Jon Stewart spoke with Kirby Dick and Amy Ziering, the director and producer of The Hunting Ground, a recently released "exposé of sexual assault on U.S. campuses," and discussed many of the most widespread misconceptions about campus sexual assault. The segment highlighted the harmful implications failing to address the issue has across the country:
Many of the myths highlighted by The Daily Show are baseless falsehoods that continue to be peddled by right-wing media outlets in order to downplay the epidemic of campus sexual assault. Here are three of right-wing media's favorite myths about campus sexual assaults, debunked:
Despite a recent push by The Wall Street Journal to highlight men who "say colleges are too quick to believe an alleged victim's testimony," suggesting that false reports of sexual assault are on the rise, instances of false allegations are actually very rare.
"False reporting of rape is exactly the same as any other crime, and you don't hear people concerned about the false reports of carjacking, or the 2 percent of false reports of burglaries," explained Ziering to Stewart. "But it is statistically not anomalous. That is what everybody needs to keep in mind." Indeed, according to a report by the National Center for the Protection of Violence Against Women, "methodologically rigorous research" has found the rate of false reports to be extremely low -- between 2 and 8 percent.
Conservative media figures like Fox News' Andrea Tantaros often hold up efforts to address sexual assault as proof of a "war" on men on boys, but many institutions actually favor alleged perpetrators when investigating the crimes.
As the The Hunting Ground's director Kirby Dick noted, "It is more likely that somebody who is sexually assaulted will leave school than the perpetrator will be kicked out ... A very small percentage of perpetrators are actually kicked out. The numbers are astonishingly low." A national survey conducted for Sen. Claire McCaskill (D-MO) supports Dick's assertion, finding that many colleges and universities "afford certain due process elements more frequently to alleged perpetrators than they do to survivors" and that schools often fail to penalize perpetrators.
After the White House released a report on addresesing campus sexual assault in 2014, conservative media rushed to try to discredit findings that one in five women experience attempted or completed sexual assault while in college. In the time since, media have continuously questioned statistics finding a high prevalence of the crime, with right-wing media figures like Rush Limbaugh going as far as to claim that "it's not happening" at all."
But as Dick pointed out, "The reality is that rapes are happening at all schools. In epidemic proportions." Numerous organizations have spoken out defending these findings. Right-wing media's efforts to dismiss the epidemic of campus sexual assault further stigmatize a crime that according to the Rape, Abuse, And Incest National Network already goes unreported up to 60% of the time.
Fox News relied on claims from discredited gun researcher John Lott to falsely suggest that an FBI report inflated the occurrence of mass shootings, possibly for political reasons. In fact, the report in question covered only "active shooter situations" and explicitly noted in its introduction, "This is not a study of mass killings or mass shootings."
In September 2014, the FBI released a report on 160 active shooter situations that occurred between 2000 and 2013. The report counted 1,043 total casualties and noted that over the 13-year period, the incidence of active shooter incidents rose. In its report, the FBI defined an active shooter situation as "an individual actively engaged in killing or attempting to kill people in a confined and populated area."
Lott, who often manipulates statistics to push a pro-gun agenda and is the inventor of the discredited "more guns, less crime" hypothesis, attacked the report in The New York Post last year with the false claim that the "FBI study discusses 'mass shootings or killings.'" Based on this false premise, Lott wrote that several of the incidents in the FBI report don't meet accepted definitions of mass shootings and therefore the report was "bogus" and being "used to promote a political agenda."
Lott's falsehoods on the FBI report are now being promoted on Fox News. On the March 25 edition of Fox & Friends First, host Heather Childers reported the claim of Lott's group, the Crime Prevention Research Center (CPRC), that FBI data on mass shootings "may have been overstated for political purposes." While Childers spoke, onscreen text warned viewers of the supposedly "SHODY [sic] STATS":
CHILDERS: Are the number of mass shootings getting blown out of proportion by the government? Well the Crime Prevention Research Center says that FBI stats on mass shootings are inflated. The CPRC says because of errors and biases, the FBI data shows twice as many mass shootings than really occurred. The organization says that the stats may have been overstated for political purposes.
The Wall Street Journal editorial board is flip-flopping on its acquiescence to President Obama's highly-qualified and noncontroversial nominee for attorney general, and is also calling for Republican senators to go even farther and extend their obstruction of Loretta Lynch to "all of his appellate nominees until he stops abusing his power."
Right-wing media have struggled to find a substantive reason to object to Lynch, an experienced United States attorney who has received bipartisan acclaim for prosecuting terror suspects, human traffickers, and police brutality cases. Lacking any legitimate complaints about Lynch's widely praised record, conservative media figures like National Review's Rich Lowry have instead complained that Lynch, unsurprisingly, agrees with the president on key legal issues. On the March 22 edition of NBC's Meet The Press, Lowry doubled down on this absurd new standard, and insisted that until the president nominates an AG that thinks he broke the law, "so be it -- it's nothing against her personally, I don't care if she's Eliot Ness, the Senate can't do this."
In contrast, the editorial board of the Journal originally recognized the noncontroversial nature of Lynch's nomination, and concluded last November that "Republicans have enough high priorities in the next Congress that the bar should be high for challenging non-judicial nominees who seem to be qualified and honest." But in a March 22 editorial, the Journal switched gears and joined the campaign to prevent a vote not only for Lynch, but for all future circuit court nominees as well:
These columns believe that Presidents deserve their cabinet nominees in nearly all cases, but Mr. Obama's governance presents Congress with a larger Madisonian dilemma.James Madison designed a constitutional system of checks and balances to prevent executive or legislative tyranny. This works best when Presidents and Congresses assert their legal powers but step back from constitutional excesses that lead to judicial intervention or political crises.
The Lynch hold signals that the GOP Senate should consider using its advice and consent power more aggressively -- as a constitutional response to Mr. Obama's unconstitutional abuse of his executive authority. In her confirmation hearings Ms. Lynch defended Mr. Obama's executive order on immigration, which is a fair reason to vote against her, though Mr. McConnell and other Republicans should explicitly repudiate the false racial charge on the Senate floor.
The more fruitful area for resistance may be on Mr. Obama's appellate-court nominees, as Curt Levey recently argued on these pages. Simply refuse to confirm all of his appellate nominees until he stops abusing his power. This would be proportionate political justice after Messrs. Obama and Reid broke Senate rules to pack the D.C. Circuit Court of Appeals last year.
A broad coalition of 39 major Latino organizations has issued a letter to the heads of six major U.S. English-language broadcasters asking them to work towards better Hispanic guest inclusion on the Sunday morning political talk shows.
The letter, issued by the National Hispanic Leadership Agenda (NHLA) and addressed to the heads of ABC, NBC, CBS, Fox News, CNN, and MSNBC, expresses the group's "deep frustration regarding the continued lack of Hispanic voices" on their agenda-setting Sunday political programs and urges them to "take immediate action to increase Hispanic guest bookings and broaden the scope of issues that include their voices."
Hector Sanchez, NHLA chairman and executive director of the Labor Council for Latin American Advancement, said in a statement that the lack of Hispanic inclusion on those programs "results in distorting the image of our community's contributions to the life of our nation." Alex Nogales, president and CEO of the National Hispanic Media Coalition (NHMC), added: "It is irresponsible to exclude the perspectives of 17 percent of the U.S. population from the airwaves."
Only seven percent of guests on English-language Sunday shows during the last eighteen weeks of 2014 were Latino, according to a Media Matters study. While the letter notes that this proves "an increase from the two percent representation found in a 2011 report by the National Hispanic Foundation for the Arts," these numbers remain significantly short of the 17 percent of Americans who identify as Hispanic.
In the letter, the NHLA encourages the network chiefs to take advantage of the "impressive list of Latino experts from across the country that specialize in issues ranging from education, health, immigration, public safety, the economy, civil rights, the media and beyond."
From the March 20 edition of MSNBC's The Rachel Maddow Show:
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A Wall Street Journal report on campus sexual assault suggested false accusations of sexual assault are on the rise but failed to explain the rarity of such accusations. What's more, studies show that universities tend to favor accused perpetrators over victims when investigating sexual assault reports, and the myth of widespread false accusations may actually deter victims from reporting assaults to police.
National Review editor Rich Lowry is painting Loretta Lynch, President Obama's nominee to be the next attorney general, as a controversial pick who should "never be confirmed," because she has suggested that the president's executive actions on immigration are lawful. Not only is Lowry's analysis of the legality of the actions contradicted by experts, his erroneous description of such prosecutorial discretion as "executive action" has been debunked, and presidents generally do not nominate chief enforcement officers who promise to go after their sponsor.
Right-wing media have been hard-pressed to find a legitimate reason to oppose Lynch's nomination, instead relying on specious attacks and, in one instance, going after the wrong Loretta Lynch. Lowry's March 18 op-ed for Politico was likewise devoid of any substantive critiques of Lynch's legal positions or her qualifications. Still, Lowry argued that Senate Republicans should "never" confirm Lynch because she believes -- as is the wide consensus among legal and immigration experts -- that the president's executive actions on immigration, a modified Deferred Action for Childhood Arrivals (DACA) and a new Deferred Action for Parental Accountability (DAPA), are lawful.
As all the Republicans opposing her nomination make plain, the issue is her belief that President Barack Obama's executive amnesty is lawful.
This isn't a mere matter of policy or personal preference. It implicates her view of the constitutional order that she will be sworn to uphold. Whether she thinks the executive branch can in effect write laws on its own is a threshold question. Her answer in the affirmative should be disqualifying, no matter how impressive her career has otherwise been, or how historic her confirmation would be.
On the merits, when should Republicans bring her up for a vote -- now delayed because Democrats are filibustering a sex-trafficking bill? Never. When should they confirm her? Never.
The Senate shouldn't confirm any attorney general nominee, from whatever party, of whatever race, ethnicity or gender identification, who believes the president can rewrite the nation's laws at will.