Right-wing media outlets pushed the false claim that the Healthcare.gov website includes a language stating that consumers they have "no reasonable expectation of privacy," ignoring the fact that the phrase is part of standard website language and does not change current legal protections for health care information.
A Weekly Standard post by Jeryl Bier attacked the health care law's exchange website, claiming a statement in the "terms and conditions" page is "another example of why the website's reputation is in tatters." Bier's evidenced his claim by explaining, "Buried in the source code of Healthcare.gov" is the phrase "You have no reasonable expectation of privacy regarding any communication or data transiting or stored on this information system." The misleading claim was repeated by several right-wing media outlets including Fox Nation who posted the story under the headline "Hidden in ObamaCare Site: Applicants Surrender Right to Privacy" and NewsMax who claimed "Obamacare May Endanger Personal Data Security."
But the right-wing media's fearmongering about privacy concerns is unfounded. The Atlantic Wire pointed out that the phrase is part of standard legal language for similar "Terms and Conditions" pages and is only "hidden" because it was removed by developers, making the phrase not legally enforceable. The article adds that "[t]here are several ways in which" the analysis "is incorrect" (emphasis added):
The Weekly Standard's Bill Kristol dismissed the devastating effects of the government shutdown claiming, "no one no one is going to starve in Arkansas," ignoring that thousands of people across the country already face the loss of vital food nutrition programs.
On the October 2 edition of MSNBC's Morning Joe, Kristol claimed that the shutdown wasn't a "disaster," and dismissed The Huffington Post's Sam Stein's argument that the shutdown was forcing 85,000 people to lose nutritional assistance in Arkansas alone. Kristol responded that Congress should move to fund anything that was a genuine emergency, but that "a one or two week shutdown is not going to be the end of the world":
[I]t's not going to be the end of the world honestly even if you're on nutritional assistance from the federal government. The state of Arkansas can help out, localities can help out, churches can help out, I believe that no one is going to starve in Arkansas because of the shutdown.
Starvation is an extreme measure by which to judge the damage of the shutdown. Though no one may have died yet, people around the country are facing the loss of essential food services, including in Arkansas.
The Associated Press reported on September 30 that Arkansas Governor Mike Beebe felt the state was "not in a position to" fund services typically from the federal government, and that "that more than 85,000 meals for Arkansas children would not be provided and 2,000 newborn babies would not receive infant formula through the Department of Health's WIC program."
There's a growing movement of journalists and pundits who are rooting for the Republican-led impasse over government funding to result in a shutdown of government services. "I'm rooting for a shutdown and you should be too," writes Joshua Green in the Boston Globe. "Shut down the government!" cheers Todd Purdum in Politico. It's not that these writers are actually keen on causing economic disruption: they see it as the only recourse available to correcting the Republican political nihilism that keeps bringing us to the brink of crisis.
It's hard to begrudge them for what seems so cavalier a position -- we may have reached the point of political toxicity that drastic measures of this sort are the only remaining curatives. What is bothersome is the habit of conservative pundits who enable this political dynamic by recognizing the role people like Sen. Ted Cruz (R-TX) are playing in it, but brushing that aside and praising Cruz for exploiting it to achieve mundane, short-term political goals.
After Cruz's 21-hour non-filibuster in support of defunding Obamacare, there was widespread agreement on the left and (much of) the right that Cruz had done little beyond raising his own profile and raising the likelihood that the government would have to shut down.
Writing in Politico, National Review's Rich Lowry marveled at Cruz's speech: "After talking the talk, Ted Cruz wins." Lowry knows that Cruz's policy goals are unattainable ("farfetched to the point of absurdity") and that his politics are causing chaos in Congress at a time when it really needs to get work done, but he views that as secondary to Cruz's accomplishment of riling up conservative base voters:
The Cruz eye-rollers had plenty of occasions to roll their eyes -- perhaps no senator has caused so many colleagues to mutter under their breaths in his first eight months in the world's greatest deliberative body -- but the conservative grass roots stood up and cheered. They are desperate for gumption and imagination and, above all, fight, and Cruz delivered all three during his long, bleary-eyed hours holding forth on C-SPAN2.
We're on the precipice of shutdown because the Republicans can't get their act together, and Cruz's tactics are causing further disarray, and Cruz gets a cookie for making a small slice of the American electorate feel good about themselves?
This Week allowed a false Republican talking point created by right-wing media -- that Warren Buffett criticized the Affordable Care Act (ACA) -- to go unchallenged after it was repeated by Rep Tom Graves (R-GA). ABC did not inform its audience that the out of context comment was from 2010 and was not made in reference to the health care law. Buffet publicly re-stated his support of the law as a result of the controversy.
Guest host Jonathan Karl asked Graves to react to a Wall Street Journal editorial that criticized the House Republican plan to defund the ACA. Graves responded by quoting sources critical of the law, including the claim that "Warren Buffett says stop it now, start over":
But Buffett's comments were made in 2010 and were not directed at the ACA.
Graves' mistake comes directly from the right-wing media's dishonest reporting. Despite the fact that Buffett made those comments in 2010, right-wing outlets, such as The Weekly Standard reported on them as though they had been made recently, claiming "You know things are bad for President Obama when even Warren Buffett has soured on Obamacare."
After discovering that the quote was made in 2010, the Standard updated their post but still claimed the comments showed that Buffett "has opposed Obamacare since even before it was passed." But Buffett was never criticizing the law, he was expressing concern about growing health care costs and urging reform. As New York magazine writer Jonathan Chait pointed out:
After falsely claiming that comments made by investor Warren Buffett in 2010 were made recently as an attack on the Affordable Care Act, The Weekly Standard doubled down, correcting the date but still wrongly insisting that Buffett's comments were "anti-Obamacare" even as Buffett was reinforcing his support for the law.
On September 17, the right-wing website Money Morning published a quote from Buffett saying "What we have now is untenable over time," claiming he was criticizing the Affordable Care Act (ACA). The quote was picked up by The Weekly Standard's Jeffrey H. Anderson, who wrote: "You know things are bad for President Obama when even Warren Buffett has soured on Obamacare and says that 'we need something else.'" After several media outlets pointed out that Buffetts comments were made in 2010, the Standard updated their post:
It appears that Buffett made his anti-Obamacare comments in 2010, thereby showing that he, like most of the American people, has opposed Obamacare since even before it was passed--a point that Mark Hemingway addressed yesterday in response to USA Today's implication that Americans' widespread dislike of Obamacare is mostly attributable to Republicans' efforts to fight it.
But the Weekly Standard's correction still misinterpreted Buffett's comments. In a post criticizing the Weekly Standard's original story, New York magazine writer Jonathan Chait pointed out that Buffett's 2010 remarks had nothing to do with the ACA, but were referring to the health care system without any kind of reform, a fact that the Weekly Standard's post continued to ignore as the correction maintained that Buffett's comments were critical of the law:
After recent reports that the Syrian government may have used chemical weapons against civilians, media figures have begun to push for U.S. military intervention in the region. But senior military leaders say that engagement could produce a negative long-term outcome.
Last month, Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, detailed possible downsides to U.S. military involvement in Syria in a letter to Sen. Carl Levin (D-MI). In addition to possible collateral damage to civilians and the loss of U.S. aircraft, Dempsey notes that a poorly planned military incursion "could inadvertently empower extremists or unleash the very chemical weapons we seek to control." Additionally, Dempsey noted that military options could cost taxpayers between $500 million to $1 billion per month.
A review of letters to Congress from dozens of state health departments and attorneys general around the country revealed that abortion in the United States is safe and well-regulated, despite recent media reports to the contrary.
Following the conviction of Kermit Gosnell for the murder of three infants during unsafe medical practices that bore no resemblance to legal abortion procedures, congressional Republicans launched an inquiry into how states monitor and regulate abortion, writing letters to the departments of health and attorneys general in all 50 states asking for details regarding criminal laws, prosecutions, inspections of abortion clinics, and regulations relating to abortion at the state level.
The pro-choice group RH Reality Check reviewed the responses from 38 of the state attorneys general and 31 of the health departments and found that they provide the "most comprehensive picture to date of the reality of abortion services," confirming that "abortion in the United States is highly regulated and overwhelmingly safe":
The responses received to date include thousands of pages of legislation and regulations on a wide range of topics that could relate to abortion. They contain definitions of "ambulatory surgical clinics," criminal statutes addressing feticide and the failure to provide medical care to newborns, and the minutiae of how state health officials must conduct inspections of clinics where abortions are performed. Some states also provided samples of the forms, such as the surveys that clinic inspectors have to fill in as they conduct their visits of abortion facilities, as well as samples of the application forms for facilities wishing to provide abortions. As an indication of how voluminous some of these responses are, Pennsylvania's response ran to 1,250 pages.
An analysis of these documents shows that congressional Republicans will find no support for their arguments in favor of new restrictions on abortion care in the evidence presented by the states. In particular, to the extent that anti-choice advocates claim that women are being put at risk by abortion services, these documents--from the very state entities charged with overseeing and regulating abortion--show the contrary. They show that abortion in the United States is highly regulated and overwhelmingly safe.
In particular, the responses revealed that abortion facilities nationwide are routinely inspected and subject to onerous regulation.
The findings of this congressional survey undermine the media's recent narrative that abortion requires even greater regulation and restriction. NBC, CNN, and Fox News hosts have all hyped the claim that an unconstitutional ban on abortions after 20 weeks of pregnancy would be "reasonable." Writers for The Washington Post and The Wall Street Journal have falsely claimed individual bans on 20-week abortions are popularly supported, and have glossed over the realities of these bills, which could place women and their fetus' health in severe danger. With the exception of a unique segment on MSNBC, media reports on abortion restrictions have largely ignored women's health experts who confirm these unnecessary restrictions will put women's health at risk.
Furthermore, media figures at The National Review, Washington Post, The Weekly Standard, and elsewhere have insisted that the case of Kermit Gosnell is representative of later-term abortions in the U.S., when in fact according to these documents, the Gosnell case was the only reported instance of an illegal "born alive" procedure.
Media Matters has previously noted that despite the fact that abortion is regulated at unprecented levels, with the vast majority of U.S. counties already lacking access to abortion providers, state lawmakers have proposed hundreds of new bills to further limit women's access to safe and legal abortion services. Some of these restrictions have already been struck down, with Bloomberg reporting that state legislatures suffered "a 0-for-8 losing streak after court challenges" reaffirmed that bans on abortion after six, 12, and 20 weeks of pregnancy are unconstitutional under the Supreme Court's rulings that a woman has a right to an abortion up until fetal viability.
The evidence from the congressional inquiry confirms all of these findings: abortion is already safe and well-regulated, despite what lawmakers and the media might say.
The Weekly Standard attacked Texas state senator Wendy Davis for not responding to the right-wing magazine's attempt to link legal abortion to convicted murderer Kermit Gosnell, continuing the right-wing media's attempt to use the case to smear women's health and choice advocates.
In an August 5 post, the Weekly Standard wrote about a recent appearance at the National Press Club in which Davis spoke about her successful filibuster of a Texas anti-choice bill. The Standard asked Davis at the event whether there was a distinction between the actions of convicted Philadelphia murderer Kermit Gosnell and "legal late-term abortions" at 23 weeks." Davis responded "I don't know what happened in the Gosnell case" and went on to describe the effects that the Texas bill would have on reproductive access. The Standard attacked Davis, writing that she "has become a champion for pro-choice activists, but during her recent whirlwind national media tour, she never commented on late-term abortion doctor Kermit Gosnell, who was convicted of murder in May for killing infants moments after they were born."
The restrictive bill that Davis has been fighting limits access to legal abortions and has nothing to do with Gosnell, whose acts were already illegal. The bill would limit reproductive access in the state by closing an estimated 90% of legal abortion facilities in Texas by imposing requirements that could only be met by five existing centers, according to the AP:
Conservative media figures and their cut-outs in the Republican Party went out in full force Sunday, ready to cast blame and aspersions on President Obama for the closures of U.S. embassies around the world after intelligence suggested a possible al Qaeda attack.
With our embassies around the world under what all acknowledge to be a serious threat, these conservatives saw a political opportunity, cynically using the fear of an imminent terrorist attack to regurgitate year-old smears about Barack Obama's success in the war on terror.
Weekly Standard editor Bill Kristol, the Iraq War's #1 cheerleader, led the charge with a blog post Saturday, hyperbolically stating, "Al Qaeda's not on the run. We are."
He followed that up on Fox News Sunday, telling host Chris Wallace:
KRISTOL: Four years ago President Obama gave a much-heralded speech as outreach to the Muslim world. And now, four years later we are closing embassies throughout the Muslim world. The year ago the president said Al Qaeda is on the run. And now we seem to be on the run.
Kristol's falsehoods were reflected by other conservatives across the media. Heritage Foundation President Jim DeMint also appeared on Fox News Sunday echoing Kristol's attack: "Well, it's clear that Al Qaeda may be more of a threat to us than they were before 9/11 now."
Later in the panel he went on to state, "The instability around the world is clearly related to at least a perception of a lack of resolve of the United States and a perception of weakness."
After criticizing the Senate's bipartisan effort to address rising incidents of sexual assault in the military, The Weekly Standard's editor Bill Kristol doubled-down on his denial of the growing problem as a "pseudo-crisis," adding that conservative legislators' effort to erase the wide-spread retaliation faced by victims of sexual assault who report the crime is "an effort to placate the forces of left-wing legalism and feminist political correctness."
On July 18, Kristol attacked Sens. Rand Paul (R-KY) and Ted Cruz (R-TX) for supporting Sen. Kirsten Gillibrand (D-NY)'s proposal to change the military's chain of command structure for reporting sexual assaults, which attempts to curb retaliation faced by those who report such an assault. Kristol accused the senators of "doing damage to conservatism" and again called the epidemic of sexual assaults in the military a "pseudo-crisis":
It was two Republican senators, Rand Paul and Ted Cruz, who, in response to a pseudo-crisis of military sexual assault, popped up to support Democratic legislation that would upend the military judicial system and strip commanders of authority. In their effort to placate the forces of left-wing legalism and feminist political correctness, these Republican senators buy into the calumny that the military officer corps is full of individuals who couldn't care less about the men and women under their command.
What Kristol calls a "pseudo-crisis" is, in reality, nearly 3,400 reported incidents of sexual assault within the ranks in 2012, according to the Department of Defense's (DOD) Annual Report on Sexual Assault in the Military. That represents a six percent increase from 2011's total reported sexual assaults, a growth DOD called "significant." According to a survey cited in the report, that number would skyrocket to approximately 26,000 sexual assaults if unreported incidents are included, up 35 percent from the previous year's estimate. Even more disturbing, the report found that 62 percent of victims who reported being assaulted faced retaliation as a result.
Military leaders such as chairman of the Joint Chiefs of Staff Martin Dempsey and Defense Secretary Chuck Hagel have decried this epidemic as a "crisis," and "a threat to the safety and the welfare of our people and the health, reputation and trust of this institution."
Kristol's statement follows a week of sexual assault denial from his conservative magazine and website, The Weekly Standard.
On July 8, The Weekly Standard published an article titled "Harassing the Military" that declared, "there is no sexual assault crisis," citing the possibility that there may be a greater prevalence of sexual assaults within other communities. Later, a July 16 blog post promoted a U.S. Marine Corps officer's suggestion that the scope of the military's sexual assault problem is exaggerated. That same day, Kristol referred to the bipartisan Senate effort as a "proposal to undermine the military's chain of command on behalf of the pseudo-crisis of military sexual assault."
UPDATE: Sen. Claire McCaskill (D-MO), a former prosecutor of sex crimes and senior member of the Senate Armed Services Committee, responded to Kristol's depiction of sexual assault in the military as a "pseudo-crisis," saying:
Thousands of reported sexual assaults, and many thousands more sex-related crimes that go unreported-combined with a decades-long inability to seriously address the epidemic-constitutes a crisis. It's a crisis for our military, their morale, and ultimately our national security. For someone who's constantly pushing for additional U.S. involvement in conflicts around the world, you'd think Mr. Kristol would share our goal of ensuring justice for those who are doing the fighting. Instead, his comments illustrate that while there's growing support for our historic reforms, all of us fighting for significant change must continue our effort.
After the Department of Defense reported a significant increase in sexual assault in the military, estimated at nearly 26,000 incidents in 2012, and after military leaders decried the epidemic as a "crisis," The Weekly Standard responded to Congress' preventative actions with sexual assault trutherism, denying the fact that a sexual assault crisis exists within the military.
Radio host Mark Levin attacked 21st Century Fox CEO Rupert Murdoch and Fox News Channel for "bias" in pro-immigration reform reporting, continuing to grow the divide between conservative talk radio hosts and the network.
On the July 15 edition of his radio show, Levin -- who has previously called the immigration reform bill a "disgusting disgrace" and a "crap sandwich" -- discussed a recent tweet by Murdoch, chairman and CEO of Fox News' parent company 21st Century Fox, that declared Sen. Harry Reid (D-NV) was correct about the immigration reform effort and expressed support for the immigration reform bill. Levin then accused Fox News of biased reporting on immigration reform and accused "a number of hosts" who support immigration reform of not reading the bill:
This isn't the first time Levin has taken issue with what he referred to as "our favorite cable channel." On the July 12 edition of his show, Levin attacked Fox News contributor Karl Rove over his support for immigration reform saying, "you know what number Karl Rove never puts on that whiteboard? His win-loss percentage."
Earlier this month, both Levin and fellow conservative radio host Rush Limbaugh appeared on Fox, but neither was asked about immigration reform, despite their well-known outspokenness on the immigration reform effort. After Limbaugh's interview, he went on his radio show to criticize the network and claim that Fox wouldn't allow him to discuss the immigration reform effort. Yet, after walking back his comments, Limbaugh was allowed to speak on the topic during Fox News' The Five for almost ten minutes.
In addition to a conservative radio schism, conservatives in print media have also pitted themselves against one another over immigration, most recently between New York Times columnist David Brooks -- an immigration reform supporter -- and National Review's Rich Lowry and The Weekly Standard's Bill Kristol, who wrote an op-ed calling on House Republicans to "[put] a stake through" comprehensive immigration reform.
The Weekly Standard's Bill Kristol and The National Review's Rich Lowry are calling on House Republicans to obstruct comprehensive immigration reform efforts by not passing any immigration reform bills out of the chamber.
In a July 8 op-ed titled "Kill the Bill" cross posted on The Weekly Standard and The National Review's websites, Kristol and Lowry argued that House Republicans should not pass any immigration reform legislation. Doing so would obstruct immigration reform efforts by preventing Senate and House representatives from meeting to reconcile the differences between the Senate's bill and any bill that may pass the House:
House Republicans may wish to pass incremental changes to the system to show that they have their own solutions, even though such legislation is very unlikely to be taken up by the Senate. Or they might not even bother, since Senate Democrats say such legislation would be dead on arrival. In any case, House Republicans should make sure not to allow a conference with the Senate bill. House Republicans can't find any true common ground with that legislation. Passing any version of the Gang of Eight's bill would be worse public policy than passing nothing. House Republicans can do the country a service by putting a stake through its heart.
Others in right-wing media have proposed a similar strategy of obstruction. On the June 25 edition of her radio show, Fox News contributor Laura Ingraham and guest Kristol endorsed obstruction, arguing that the House and the Senate reconciling their immigration reform bills would result in a problematic law and should therefore be avoided. In addition, during the June 13 edition of Fox News' Hannity, guest Ann Coulter warned that "if the House passes anything concerning immigration" and conference with representatives from the Senate, the resultant bill "will come out an amnesty bill." She claimed that if a reconciled bill passed, "the country is over."
Right-wing media have long encouraged Republicans to engage in obstruction, including on the appointment of President Obama's second-term nominees and stricter gun violence prevention laws.
Media outlets have pounced on a quote from one member of a science advisory panel to once again claim a White House "war on coal," but they are missing crucial context about President Barack Obama's expected plan, which sets aside money for the development of so-called "clean coal" technology in addition to proposing necessary regulations on the pollution that coal-fired power plants currently emit.
Tuesday, The New York Times published a quote from Harvard University professor Daniel P. Schrag, a member of the president's Council of Advisors on Science and Technology, in anticipation of the Obama administration's announcement of measures to reduce carbon emissions and prepare for the impacts of climate change:
"Everybody is waiting for action," he said. "The one thing the president really needs to do now is to begin the process of shutting down the conventional coal plants. Politically, the White House is hesitant to say they're having a war on coal. On the other hand, a war on coal is exactly what's needed."
The Washington Post singled out the remarks in a post titled "Obama science adviser calls for 'war on coal." However, Schrag is not Obama's primary science adviser -- he is simply one of 18 advisors in a group that includes current and former executives from Microsoft, Google and tech conglomerate Honeywell, Inc. Additionally, as the Post noted, "he is not closely involved in setting regulatory policy for the White House."
Right-wing outlets immediately began publicizing the remarks, suggesting they are a sign of President Obama's true motives, with The Washington Free Beacon claiming the quote shows that the president's plan "is explicitly aimed at attacking the coal industry." Washington Post reporter Juliet Eilperin followed up by asking "Is Obama waging a 'war on coal?' and responding that "[t]o a large extent, the answer is yes."
However, Schrag's remark is not representative of President Obama's record as The Columbia Journalism Review and others have previously pointed out. Schrag responded to an email inquiry from Media Matters that he believes "there is nothing wrong with coal if technology is used to remove CO2 emissions and other harmful pollutants" (emphasis added):
The quote was slightly out of context. I was asked about the question of a war on coal, and I explain that shutting down conventional coal plants is a critical step in moving towards a low-carbon economy. But the phrase "war on coal" is really inappropriate and I shouldn't have used it - simply because it is not the coal that is the problem, but the emissions from coal, and what they do to our health, the health of our children, and of course the climate. So there is nothing wrong with coal if technology is used to remove CO2 emissions and other harmful pollutants. But conventional coal, that is harming our children and changing the climate system should have no place in our society.
Right-wing media are dishonestly arguing that senators have not had enough time to read the approximately 1,200-page immigration reform bill the weekend before a scheduled vote on it. In fact, the majority of the bill has been online since May, a fact even Karl Rove acknowledged on Fox News to push back against conservative criticism.
The bulk of the bill's 1,200 pages are available online and have been since May 21. On June 21, the Senate added enforcement provisions submitted by Sen. Bob Corker (R-TN) and Sen. John Hoeven (R-ND) to the main text of the bill, which total 119 pages.
Those opposed to the legislation, such as The Weekly Standard's Bill Kristol jumped on the Corker-Hoeven addition to make the misleading claim that the Senate only had the weekend to review the entire bill before voting on it. As highlighted by Breitbart.com, the Washington Post's Bob Woodward also implied that the Senate was rushing to pass immigration reform, saying on the June 23 edition of Fox News Sunday: "It's proven time and time again, when you pass complicated legislation and no one has really read the bill, the outcome is absurd." Other conservative outlets, like Red State, picked up the misleading narrative, with The Drudge Report showing a picture of Sen. Marco Rubio (R-FL) drinking from a water bottle with the headline, "Senate to vote on bill before reading it":