From the December 5 edition of Fox News' The O'Reilly Factor:
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Alliance Defending Freedom (ADF) is a Scottsdale, AZ-based legal group committed to rolling back the rights of women and LGBT people on the grounds of "religious liberty." The organization has played a leading role in combatting marriage equality and non-discrimination policies in the U.S. while working internationally to criminalize homosexuality. Despite its rabid anti-LGBT extremism, ADF receives reliably friendly treatment from Fox News.
Established as the Alliance Defense Fund in 1994, ADF's founders include such religious right leaders as Focus on the Family's James C. Dobson and Campus Crusade for Christ's Bill Bright. According to ADF's website, the organization changed its name to Alliance Defending Freedom in 2012 to highlight its "enduring mission to gain justice for those whose faith has been unconstitutionally denied in the areas of religious liberty, the sanctity of life, and marriage and family."
Headed by President, CEO, and General Counsel Alan Sears, staffed by more than 40 attorneys, and boasting an annual budget in excess of $30 million, ADF bills itself as "a servant ministry building an alliance to keep the door open for the spread of the Gospel by transforming the legal system." As part of its effort to remake the American legal system along quasi-theocratic lines, ADF has:
ADF's relentless legal campaign against LGBT equality led the Southern Poverty Law Center (SPLC) to describe the organization as "virulently anti-gay." SPLC proved instrumental in exposing an aspect of ADF's work that the organization chooses not to tout on its website - its international work to criminalize homosexuality.
Fox host Megyn Kelly repeated two long-debunked myths regarding the Obama administration's response to the 2012 attacks in Benghazi, Libya, ignoring congressional testimony, military experts, and even photographic evidence in order to claim "we still don't have any answers" about military aid and President Obama's whereabouts on the night of the attacks.
On the December 3 edition of Fox News' The Kelly File, Kelly hosted Republican Rep. Devin Nunes (CA) to discuss this week's closed-door congressional testimony from two CIA contractors present in Benghazi during the attacks on September 11, 2012. During the interview, Nunes claimed that there are still unanswered questions about the administration's response to the attacks, asking, "What were they doing? How come nobody came to help?" Kelly did not push Nunes on his claim, instead parroting it: "Your point is, they didn't dispatch any help, even when it was unclear whether the attack had ended or not. What would be the delay when they didn't know it was over?"
Kelly later asked if the congressional hearings had "been able to shed light ... about what the president was doing at the moment of the attack and on the night in question," to which Nunes said no. She concluded, "So we still don't have any answers."
From the December 2 edition of Fox News' The Kelly File:
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In response to Senate Democrats invoking the so-called "nuclear option," right-wing media advanced a number of myths not only about filibuster reform, but about the qualifications of President Obama's nominees who have languished in the confirmation process. What right-wing media have ignored is that Democrats used the "nuclear option" only after unprecedented GOP obstruction prevented Obama's judicial and executive nominees from receiving an up-or-down vote.
From the November 25 edition of Fox News' The Kelly File:
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Despite the GOP's strategy of obstructionism throughout the Affordable Care Act's (ACA, commonly known as Obamacare) implementation, Fox News pundits claimed Republicans have done nothing to contribute to ACA rollout problems.
Fox's Megyn Kelly misrepresented a recent Justice Department memo to make it appear as though employer-provided health plans would be forced to change under the Affordable Care Act. But group plans that existed before the passage of the law remain unaffected unless insurers and employers choose to substantially alter them.
The Affordable Care Act exempted insurance plans that existed before March 23, 2010 from many of its regulations, allowing insurers to continue offering those plans on the condition that they did not significantly change either the benefits offered or the overall cost. Those policies are known as "grandfathered plans."
On the November 18 edition of Fox News' The Kelly File, host Megyn Kelly highlighted language from an October 2013 Department of Justice brief which estimated that most plans would lose their grandfathered status over time. Kelly claimed the memo contradicted President Obama's assertion that the vast majority of insurance cancellations were in the individual market, as opposed to employer provided plans. Kelly hosted Andrew McCarthy who used the brief to call the ACA "a massive fraudulent scheme" in a National Review Online post. During the segment, McCarthy claimed the brief predicted that consumers in the group market would "lose their coverage."
But the brief does not say that people who are insured in group plans, such as employer-sponsored insurance, will lose their coverage. Rather, it points out that group health plans could merely lose grandfather status if they're changed. As the Kaiser Family Foundation explained in their 2012 Employer Benefits Survey, under the ACA insurance plans do not lose grandfathered status unless the insurer makes "significant changes that reduce benefits or employee costs." In fact, according to the Kaiser survey, the primary reason firms chose not to grandfather a health plan was to maintain flexibility in making future plan choices.
After attacking Obamacare by highlighting easily debunked personal anectodes, Fox hosted another guest who falsely claimed the health care law would harm him personally without checking to make sure his story was accurate.
In a November 14 Salon post, former senior counsel to Gov. Brian Schweitzer (D-MT), Eric Stern wrote about a conversation he had with Bill Lawrence, a man featured on Fox's The Kelly File after writing a letter to Fox News explaining that he and his partners "had to sell our company because we couldn't afford the almost $400,000 in either penalties and fines or insurance premiums that we would have to pay as a result of ObamaCare." In the uncritical interview, host Megyn Kelly responded to Lawrence by asking his "thoughts on having your livelihood directly affected based on what politicians in Washington felt was best for you."
Stern contacted Lawrence after the segment aired and Lawrence admitted that he had sold his Texas-area car wash for multiple reasons, many of which had nothing to do with the ACA:
Fox News' Shannon Bream and Megyn Kelly continued the network's general defense of anti-gay discrimination in separate reports on a New Mexico Supreme Court ruling concerning a photographer who was sued after refusing to photograph a same-sex commitment ceremony. Bream omitted critical context from the court's decision while Kelly pondered its slippery-slope implications, tactics in keeping with Fox's history of inaccurate and offensive reporting on the case.
In August, the New Mexico Supreme Court ruled unanimously that Elane Huguenin -- owner of Elane Photography -- violated New Mexico's anti-discrimination law when she refused to photograph the commitment ceremony of a same-sex couple. Huguenin filed an appeal of the decision to the U.S. Supreme Court last week.
In the eyes of Special Report's Bret Baier, the central issue for the Court to consider in the case is "whether you must check your religious values at the door when you open a business," as he stated on the November 12 program. He then aired a package regarding the case by correspondent Shannon Bream, who did not explain the constitutional basis for the court's ruling, but instead cited only the concurring opinion's general reference to "the legal rights" of the same-sex couple.
The segment heavily featured the Huguenins' attorney, Alliance Defending Freedom (ADF) senior counsel Jordan Lorence. Lorence accused the court of dictating that "once you agree to enter the workplace, the marketplace, you surrender all your constitutional rights."
Despite Fox's suggestion otherwise, this case does not concern religious freedom. The court held that because Elane Photography chooses to offer services to the public, it is engaged in commercial conduct that can be regulated by the state, and so it must comply with the state's Human Rights Act. Just as these businesses may not discriminate based on race or gender, it is likewise a violation to discriminate based on sexual orientation:
We conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the antidiscrimination provisions of the NMHRA and must serve same-sex couples on the same basis that it serves opposite-sex couples. Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.
The purpose of the NMHRA is to ensure that businesses offering services to the general public do not discriminate against protected classes of people, and the United States Supreme Court has made it clear that the First Amendment permits such regulation by state. Businesses that choose to be public accommodations must comply with the NMHRA, although such businesses retain their First Amendment rights to express their religious or political beliefs. They may, for example, post a disclaimer on their website or in their studio advertising that they oppose same-sex marriage but that they comply with applicable anti-discrimination laws.
The lackluster September unemployment report highlights the need for a focus on job creation, a priority that is likely to be ignored by media.
On October 22, the Bureau of Labor Statistics released its unemployment report for the month of September, which found that payrolls rose 148,000, edging the official unemployment rate down from 7.3 to 7.2 percent. While the report found positive gains in the labor market -- a welcome change from losses sustained after the financial crisis -- job creation fell far short of economists' expectations, which predicted 180,000 to 200,000 jobs would be created in September.
The underperforming labor market, identified in this month's report, presents an opportunity for the media to focus on job creation and economic growth.
Unfortunately, this opportunity is likely to be squandered in favor of promoting discussion on spending cuts and deficit reduction, as evidenced in past reporting.
Media's focus on deficits and debt instead of economic growth and jobs has long been criticized by economists. Previous coverage of budget negotiations show that media place overwhelming focus on the need to reduce spending, often leaving the more pressing need for economic growth largely unmentioned.
Indeed, this issue has already been raised by economist Jared Bernstein, a senior fellow at the Center on Budget and Policy Priorities. In a post on The New York Times Economix blog, Bernstein expressed fears that after concluding the 16-day long government shutdown, the media will undoubtedly pivot focus to deficit and debt reduction. Bernstein explains that the debate over spending and deficit reduction will crowd out discussion on the more immediate jobs crisis:
Imagine instead that the politicians turned not to the budget deficit but to the jobs deficit, the infrastructure deficit, to poverty, wage stagnation, immobility and inequality. Along with a budget conference -- and don't get me wrong; I'm glad they're talking -- imagine there was an economic conference to make recommendations on what's really hurting the country, which I assure you is not our fiscal situation. That's taking care of itself for the short term, as is always the case after a recession (deficits go up in recessions, for obvious reasons).
I'm surely going to jump into the budget debate myself any minute now, but before I do, I wanted to point out that this is not the debate we should be having. It's the preferred debate of those who seek to shrink the role of government, to undermine social insurance, to reduce needed investments in public goods and human capital, and to protect the concentrated wealth of the top few percent.
Bernstein's fear of undue focus on debt and deficits has already been realized.
Reacting to the deal that ended the recent government shutdown, Fox News host Megyn Kelly claimed it wasn't a "win for the American people" because it didn't reduce the national debt. CNN reported that the shutdown deal shouldn't be celebrated because it "kicks the can [of budget negotiations] down the road." Wall Street Journal editorial board member Stephen Moore immediately declared the preservation of sequestration cuts -- which will continue to reduce spending and deficits -- the "winner" of the shutdown, and the Journal preemptively told Republicans to stand firm on sequestration cuts in any budget deal in an October 13 editorial.
If history and early reports are any indication, media will continue their habit of promoting deficit reduction as budget negotiations take place.
From the October 16 special edition of Fox News' The Kelly File:
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From the October 16 edition of Fox News' The Kelly File:
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Fox Business host Lou Dobbs downplayed the effects of the government shutdown on the U.S. economy, despite economic reports stating that the shutdown has taken $24 billion out of the economy.
Reporting on the October 16 edition of Lou Dobbs Tonight about the Senate leadership deal to end the government shutdown, Dobbs disputed White House Press Secretary Jay Carney's statement that "the economy has suffered" because of the shutdown, claiming, "The extent of just how much the economy suffered is questionable at best."
In fact, economists have reported that the government shutdown is projected to have significant negative effects on the economy. Business Insider reported that Standard & Poor's cut its "annualized U.S. growth view closer to 2% from 3%." The article added that S&P estimates "the shutdown has taken $24 billion out of the economy and cut 0.6% off of yearly fourth quarter GDP growth."
Fox News host Megyn Kelly whitewashed Fox's transparent politicization of the Kermit Gosnell murder trial to frame it as an example of her network's commitment to provide "context to certain stories that you won't get elsewhere."
Kelly appeared on the October 13 edition of Fox's Media Buzz to discuss her new show, The Kelly File. During the segment, Kelly pushed back against the suggestion that "Fox News leans right," criticizing what she characterized as the "marching orders of media that we do believe leans left," and saying that viewers of her show would see different stories from what they would find in the mainstream media. She claimed that "what we do at Fox News is fair and balanced broadcasting" and held up Fox's coverage of the Kermit Gosnell trial as an example of the network's commitment to providing "context to certain stories that you won't get elsewhere" (emphasis added):
HOWARD KURTZ (host): What about the counter-notion that maybe as a counterweight that Fox News leans right. Does your show lean right?
KELLY: I don't think that's true. I think what we do at Fox News is fair and balanced broadcasting. And so, you know if you tune in to see my show at 9 pm, you're not going to see the same stories as you see on the front cover of The New York Times necessarily. You know, that's not what we get paid to do, is just follow the marching orders of media that we do believe leans left. That there's plenty of options if people want that. But Fox News gets paid for telling the full story, the complete story, and having both sides of the argument presented in a way.
KURTZ: But will I see more Republicans than Democrats?
KELLY: It depends on the night and the story. You know? I mean, hopefully no, over the course of a week or two, it will all balance out and you'll see both sides. And if you have a Republican you can always press them with the Democratic talking points and vice versa, so there's ways of presenting both sides even if you have more of one. But I think the thing that Fox also does is provide context to certain stories that you won't get elsewhere and to tell stories that won't get told elsewhere. I mean, the Gosnell abortion doctor story is one example that very few were covering aggressively until Fox News really picked it up. And that was a hard story to tell. But we did.
But Fox's coverage of the Gosnell trial is a strong example of the network's transparent politicization of a tragic case.