Archives for category: Bias

Researchers at the esteemed Columbia Journalism Review conducted a study of the election coverage on the front pages of The New York Times and The Washington Post and concluded, despite the protests of editors, that the pre-election coverage in recent years was not objective. Their biggest complaint was that the newspapers reported the Presidential campaign as a horse race instead of informing readers about real policy differences between the candidates. But there was another kind of bias at work: The New York Times published ten front-page articles about Hillary Clinton’s emails in the months before the election, which turned out to be a phony issue.

The article begins:

Seven years ago, in the wake of the 2016 presidential election, media analysts rushed to explain Donald Trump’s victory. Misinformation was to blame, the theory went, fueled by Russian agents and carried on social networks. But as researchers, we wondered if fascination and fear over “fake news” had led people to underestimate the influence of traditional journalism outlets. After all, mainstream news organizations remain an important part of the media ecosystem—they’re widely read and watched; they help set the agenda, including on social networks. We decided to look at what had been featured on the printed front page of the New York Times in the three months leading up to Election Day. Of a hundred and fifty articles that discussed the campaign, only a handful mentioned policy; the vast majority covered horse race politics or personal scandals. Most strikingly, the Times ran ten front-page stories about Hillary Clinton’s email server. “If voters had wanted to educate themselves on issues,” we concluded, “they would not have learned much from reading the Times.”

We didn’t suggest that the election coverage in the Times was any worse than what appeared in other major outlets, “so much as it was typical of a broader failure of mainstream journalism.” But we did expect, or at least hope, that in the years that followed, the Times would conduct a critical review of its editorial policies. Was an overwhelming focus on the election as a sporting contest the best way to serve readers? Was obsessive attention to Clinton’s email server really justified in light of the innumerable personal, ethical, and ultimately criminal failings of Trump? It seemed that editors had a responsibility to rethink both the volume of attention paid to certain subjects as well as their framing.

After the 2022 midterms, we checked back in, this time examining the printed front page of the Times and the Washington Post from September 1, 2022, through Election Day that November. As before, we figured the front page mattered disproportionately, in part because articles placed there represent selections that publishers believe are most important to readers—and also because, according to Nielsen data we analyzed, 32 percent of Web-browsing sessions around that period starting at the Times homepage did not lead to other sections or articles; people often stick to what they’re shown first. We added the Post this time around for comparison, to get a sense of whether the Times really was anomalous.

It wasn’t. We found that the Times and the Post shared significant overlap in their domestic politics coverage, offering little insight into policy. Both emphasized the horse race and campaign palace intrigue, stories that functioned more to entertain readers than to educate them on essential differences between political parties. The main point of contrast we found between the two papers was that, while the Postdelved more into topics Democrats generally want to discuss—affirmative action, police reform, LGBTQ rights—the Times tended to focus on subjects important to Republicans—China, immigration, and crime.

By the numbers, of four hundred and eight articles on the front page of the Timesduring the period we analyzed, about half—two hundred nineteen—were about domestic politics. A generous interpretation found that just ten of those stories explained domestic public policy in any detail; only one front-page article in the lead-up to the midterms really leaned into discussion about a policy matter in Congress: Republican efforts to shrink Social Security. Of three hundred and ninety-three front-page articles in the Post, two hundred fifteen were about domestic politics; our research found only four stories that discussed any form of policy. The Post had no front-page stories in the months ahead of the midterms on policies that candidates aimed to bring to the fore or legislation they intended to pursue. Instead, articles speculated about candidates and discussed where voter bases were leaning. (All of the data and analysis supporting this piece can be found here.)

Exit polls indicated that Democrats cared most about abortion and gun policy; crime, inflation, and immigration were top of mind for Republicans. In the Times, Republican-favored topics accounted for thirty-seven articles, while Democratic topics accounted for just seven. In the Post, Republican topics were the focus of twenty articles and Democratic topics accounted for fifteen—a much more balanced showing. In the final days before the election, we noticed that the Times, in particular, hit a drumbeat of fear about the economy—the worries of voters, exploitation by companies, and anxieties related to the Federal Reserve—as well as crime. Data buried within articles occasionally refuted the fear-based premise of a piece. Still, by discussing how much people were concerned about inflation and crime—and reporting in those stories that Republicans benefited from a sense of alarm—the Times suggested that inflation and crime were historically bad (they were not) and that Republicans had solutions to offer (they did not).

I urge you to open the link and read the article. It confirms what many of us suspected: the major media are all too easily sucked into the GOP narrative and parrot it. Expect to see a focus in the lead-up to the 2024 election that emphasizes inflation, crime, fears about Biden’s age, and every verbal slip up he makes, and every other reason either to abstain from voting or to vote for Trump. We will see, as we do already, a drumbeat of articles about why this group or that one will not vote for Biden (so far, I have seen such articles about the youth vote, the Black vote, the Hispanic vote, and the Muslim vote). It would be ironic if Muslims didn’t vote for Biden because of his support for Israel, since Trump tried to ban immigration from Muslim-majority nations and is openly nativist.

Will the major media allow Trump and his enablers again to set their agenda?

Robert Hubbell read this study and remarked that the major media are again treating the Presidential campaign as a horse race between Biden and Trump, as though it were a normal election. It’s not. Trump has already sketched the plans for his second term, and they are a recipe for enhancing his power and destroying his enemies.

Hubbell wrote:

I am going to take this opportunity to make a direct plea to journalists, producers, and editors in the news media who read this newsletter. I know you are out there because I hear from you when you feel that I unfairly bash the news media. I occasionally receive mistaken “reply-to-all” or forwarded emails to your colleagues that inadvertently include me. (Don’t worry; I delete them immediately.) (Hint: Do a Google search for “How to remove a name from autofill in an email address field.”)

Let me start with an olive branch. There are exceptional journalists doing great work every day. I cite them every day. They can’t please everyone all the time. They deserve our support and thanks—and forbearance for the occasional mistake. So here it is: Thank you to every journalist who is doing a tough job well in a news environment that is the equivalent of a war zone of disinformation.

Ignore my whining and carping; dismiss me as a crank if you want. But please ask yourselves whether the news reporting and editorial stances at your outlet are rising to this perilous moment in American history. Everyone—including you—knows in their bones that Trump is a unique threat to democracy. He is consciously emulating the worst dictators of the last century. His aides are leaking their plans to undermine democracy. That existential threat must be in every story you write. If you must, report on polls or horse races or political infighting but do so while acknowledging that one candidate seeks to destroy democracy while the other candidate seeks to operate within its confines.

I believe that Americans will prevail against the threat of MAGA extremism with or without the support of a free press rising to the challenge of this moment. But it would be easier—and victory would be more assured—if major media outlets did not treat Trump as just another candidate after his failed coup and incitement to insurrection.

Imagine if Hitler had survived WWII and then ran for re-election as Chancellor of Germany from a prison cell. Would any story be written that merely reported on polls discussing the level of voter support for Hitler versus his opponent? Or would every story include discussion of his fascist takeover of Germany, his war on Europe, and his attempt to exterminate the Jewish people? Why does Trump get a free pass in hundreds of articles a day that treat him as the legitimate political opponent of Joe Biden? How can any story be written that asks, “Is Biden too old,” without asking the more urgent question, “Will Trump end democracy in America.”

I have slipped back into offense when I meant to invite you to reflect on the balance and editorial position of your news organization. Tens of millions of Americans are hoping that you will get it right. You don’t have to defend Democrats or Joe Biden. But defending the Constitution and democracy is not partisan. The future of our democracy is partly in your hands. It should be a part of every story you write.

Democrats in Wisconsin celebrated the election last spring of a liberal judge to the State Supreme Court. Her election was decisive—she won by 11 points. Her election shifted the balance on the court to 4-3 favoring liberals. Justice Janet Protasiewicz made clear as she campaigned that she would support abortion rights and oppose partisan gerrymandering. Republicans claim that her campaign statements demonstrate she is prejudiced, which is grounds for impeachment. The legislature is overwhelmingly Republican, which is evidence of partisan gerrymandering of legislative districts in a state with a Democratic governor.

MADISON, Wis. (AP) — Wisconsin’s Republican-controlled Legislature is talking about impeaching a newly elected liberal state Supreme Court justice even before she has heard a case.

The unprecedented attempt to impeach and remove Justice Janet Protasiewicz from office comes as the court is being asked to throw out legislative electoral maps drawn by the Republican-controlled Legislature in 2011 that cemented the party’s majorities, which now stand at 65-34 in the Assembly and a 22-11 supermajority in the Senate.

Here is a closer look at where things stand:

Protasiewicz won election in April to a 10-year term on the Wisconsin Supreme Court beginning Aug. 1. Her 11-point victory gave liberals a 4-3 majority, ending a 15-year run with conservatives in control.

During her first week in office, two lawsuits were filed by Democratic-friendly groups and law firms seeking to overturn Republican-drawn legislative maps.

WHY IS THERE TALK OF IMPEACHMENT?

Republican lawmakers who have talked about the possibility, most notably Assembly Speaker Robin Vos, allege Protasiewicz has prejudged redistricting cases pending before the Supreme Court because of comments she made during her campaign. They also argue her acceptance of nearly $10 million from the Wisconsin Democratic Party disqualifies her.

The state Democratic Party is not part of either redistricting lawsuit, but supports the efforts.

The court has yet to say whether it will hear the redistricting challenges. Protasiewicz also has yet to say whether she will step aside in the cases, including the decision on whether to hear them.

If she does step aside, the court would be divided 3-3 between liberal and conservative justices. However, conservative Justice Brian Hagedorn has sided with liberals on major cases in the past, angering Republicans.

WHAT EXACTLY DID PROTASIEWICZ SAY?

Protasiewicz frequently spoke about redistricting during the campaign, calling the current Republican-friendly maps “unfair” and “rigged.”

“Let’s be clear here,” she said at a January forum. “The maps are rigged here, bottom line.”

“They do not reflect people in this state,” Protasiewicz said at the same forum. “I don’t think you could sell any reasonable person that the maps are fair. I can’t tell you what I would do on a particular case, but I can tell you my values, and the maps are wrong.”

She never promised to rule one way or another.

WHAT DOES THE LAW SAY ABOUT RECUSAL AND IMPEACHMENT?

On recusal, the U.S. Constitution’s due process clause says a judge must recuse if they have a financial interest in the case, or if there is a strong possibility of bias.

There are also state rules laying out when a judge must step aside from a case. Those generally include any time their impartiality on a case can be called into question, such as having a personal bias toward one of those suing, having a financial interest or making statements as a candidate that “commits, or appears to commit” the judge to ruling one way or another.

On impeachment, the Wisconsin Constitution limits the reasons to impeach a sitting officeholder to corrupt conduct in office or the commission or a crime or misdemeanor.

HAS A WISCONSIN SUPREME COURT JUSTICE EVER BEEN IMPEACHED?

The Wisconsin Legislature has voted only once to impeach a state judge who was alleged to have accepted bribes and heard cases in which he had financial interests. It happened in 1853, just five years after statehood, and the state Senate did not convict.

HOW WOULD SHE BE IMPEACHED?

It takes a majority vote in the Assembly to impeach and a two-thirds majority, or 22 votes, in the Senate to convict. Republicans have enough votes in both chambers to impeach and convict Protasiewicz.

If the Assembly impeached her, Protasiewicz would be barred from any duties as a justice until the Senate acted. That could effectively stop her from voting on redistricting without removing her from office and creating a vacancy that Democratic Gov. Tony Evers would fill.

Vos, the Assembly speaker, has said he is still researching impeachment and has not committed to moving ahead.

The day after Protasiewicz was elected, Wisconsin Senate Majority Leader Devin LeMahieu seemed to cast doubt on the Senate proceeding with impeachment.

“To impeach someone, they would need to do something very serious,” LeMahieu told WISN-TV. “We are not looking to start the impeachment process as a regular occurring event in Wisconsin.”

WHEN COULD THIS GET CLEARED UP?

The court is under no deadline to decide whether it will hear the redistricting challenges. Likewise, Protasiewicz doesn’t have a deadline for deciding whether she will recuse herself. Both decisions could come at any point.

If the court decides to hear the challenges, it would then set a timeline for arguments. It is unclear when, if Protasiewicz remains on the case, the Legislature might proceed with impeachment proceedings.

Why would the Republicans move to impeach the Justice? Power. They have successfully gerrymandered their state and don’t want to lose their super-majorities in both houses, where they can veto anything that Democratic Governor Tony Evers proposes.

The National Education Policy Center announced that it would no longer post on Twitter, nor would it open an account on Threads. I refuse to refer to Twitter as X because is a letter, not a name. NEPC is a trustworthy source of research about education.

I have faced the same dilemma. I have opened an account on several of the alternative social media sites but stayed with Twitter because I have almost 150,000 followers there. When they retweet, my posts go further.

This is what NEPC announced:

The decision to close the @NEPCtweet account was straightforward but not easy.

We truly valued NEPC’s 13 years on Twitter, sharing our work with our 7,500 followers and engaging in often-interesting discussions. Yet after the company’s change in ownership and shift in policies, our continued presence on Twitter (now “X”) became impossible. Disinformation and conspiracy theories, as well as bigotries of all sorts, have moved from tolerated to celebrated.

NEPC cannot, at this point, find a sensible alternative. We may still decide to open a Mastodon or Bluesky account, but their current limited reach and other constraints mean that active participation will have minimal benefits.

Meta’s new platform, Threads, presents a unique set of concerns. Because Threads is attached to Instagram, the Meta privacy policy is the Threads privacy policy. And it’s a “privacy nightmare”–the privacy policy is so weak that Meta can’t launch Threads in the EU.

We remain concerned that Threads and other Meta platforms are used by school-aged children and accordingly raise the sorts of privacy harms that NEPC has long investigated and condemned. NEPC has, for example, recently published analyses of the Summit Learning Platform and the Along platform, both of which are associated with Meta and the Chan Zuckerberg Initiative.

NEPC is committed to working with top scholars to provide a bridge between high-quality research and public deliberations about education policy and practice. Our mission statement reads in part: We are guided by the belief that the democratic governance of public education is strengthened when policies are based on sound evidence and support a multiracial society that is inclusive, kind, and just. The social platform now known as “X” is the antithesis of these values.

Please visit us at nepc.colorado.edu. And if you haven’t yet done so, we hope you’ll sign up to receive our newsletters and publication announcements at https://nepc.colorado.edu/newsletter-signup

The Network for Public Educatuon just released a careful analysis of the latest CREDO study, which claimed that charter schools get better results than public schools.

Not so fast, writes Carol Burris, executive director of NPE. Burris reviewed the data and methodology and found multiple problems with both. The statistical differences between the two sectors, she saw, were the same in 2023 as in CREDO’s first charter study in 2013, which were then described as insignificant.

Even more troubling, CREDO’s work is funded by pro-charter billionaires. How is this different from a study of nicotine safety funded by the tobacco industry? And yet mainstream media accepted the CREDO report without questioning its data, its methodology, or its funders.

Billionaires behind the bias: Unmasking CREDO’s agenda

The Network for Public Education released a response to CREDO’s third national report, revealing the true agenda of a research arm of the conservative Hoover Institution. In its report, CREDO uses cherry-picked charter management chains and flawed methodology that embellishes results and discredits public schools and “mom and pop” charter schools.

NEW YORK, NY — Today, the Network for Public Education released ‘In Fact or Fallacy? An In-Depth Critique of the CREDO 2023 National Report a well-researched response that traces the funders and the bias in CREDO’s data, reporting methods, and conclusions.

CREDO’s report is meant to compare test score growth in math and reading for students in charter versus public schools. But once the curtain is pulled back, the conclusions are dangerously misleading to the public as well as policymakers who depend on accurate research to make informed education-related decisions and policies.

Carol Burris, Executive Director of NPE and the report’s author, says: “CREDO is not a neutral academic institution. They are an education research arm of the pro-charter Hoover Institution, and it’s time they are treated as such. We call on policymakers, the general public, and parents to disregard the results of CREDO studies that take tiny results and blow them up using CREDO-invented “Days of Learning.” Their studies are becoming nothing more than propaganda for the charter industry.”

CREDO’s latest report identifies two nonprofits as underwriters of the latest study – The City Fund and The Walton Family – which gave CREDO nearly $3 million during the years of the study. The City Fund is bankrolled by pro-charter billionaires, including John Arnold, Reed Hastings, and Bill Gates. They have a well-established history of supporting the expansion of charter schools and funding agendas to break up school districts and turn them into a patchwork of “portfolio districts.” The goal of the City Fund is to transform 30-50% of city public schools into charter schools.

CREDO also masks its connections to the conservative think tank the Hoover Institution, but the CREDO report authors’ current biographies and resumes link the organizations. CREDO’s Director and the report’s first author is the Education Program Director for Hoover.

NPE says it is time for state agencies to end their research relationship with CREDO and offer detailed student data to credible and independent research organizations instead.

The NPE report takes an honest look at CREDO’s report with the following key sections:

  • A history of CREDO and its connection to the Hoover Institution.
  • Scholarly critiques of CREDO methodology.
  • Trivial differences exaggerated by the CREDO-created construct, ‘Days of Learning’
  • Bias in the “Virtual Twin” methodology.
  • Serious errors in the identification of schools run by Charter Management Organizations.

According to Diane Ravitch, the President of the Network for Public Education, “CREDO and the billionaires who fund them are trying to discredit public schools to persuade the public that public schools are inferior to privately-managed schools. How is this different from the tobacco industry funding research on cigarette safety?”

“It is clear the CREDO reports are now part of a long-game strategy to undermine, weaken, and defund public education. Why does CREDO consider differences that favor public schools in their first report as “meaningless” and “small” but characterize nearly identical differences favoring charters in its third report to be “remarkable”? Same outcomes. Different characterizations,” Ravitch said.

In light of our findings, The Network for Public Education asks CREDO the following question:

Does CREDO represent the interest of its funders and the pro-school choice Hoover Institution or the interests of the public, who deserve an unbiased look at real outcomes for our nation’s charter and public school students?

“Unless CREDO is held accountable, its reports will continue to move from “in fact” to misleading fallacies. And that does a disservice to the charter and public school sectors alike,” concludes the NPE report. 

The Network for Public Education is a national advocacy group whose mission is to preserve, promote, improve, and strengthen public schools for current and future generations of students.

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ProPublica broke a story today about Justice Samuel Alito’s breach of ethics. Actually, the U.S. Supreme Court has no ethics code. Ethics codes are for the little people, to paraphrase businesswoman Leona Helmsley, who once said that “taxes are for the little people.”

Writers at ProPublica emailed questions to Justice Alito on Friday. Instead of answering, Justice Alito took the unusual step of responding in an op-ed article in the Wall Street Journal, which took the unusual step of publishing it.

The ProPublica article begins:

In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.

Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.

In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.

Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justicesto disclose most gifts, according to ethics law experts.

Experts said they could not identify an instance of a justice ruling on a case after receiving an expensive gift paid for by one of the parties.

“If you were good friends, what were you doing ruling on his case?” said Charles Geyh, an Indiana University law professor and leading expert on recusals. “And if you weren’t good friends, what were you doing accepting this?” referring to the flight on the private jet.

Justices are almost entirely left to police themselves on ethical issues, with few restrictions on what gifts they can accept. When a potential conflict arises, the sole arbiter of whether a justice should step away from a case is the justice him or herself.

ProPublica’s investigation sheds new light on how luxury travel has given prominent political donors — including one who has had cases before the Supreme Court — intimate access to the most powerful judges in the country. Another wealthy businessman provided expensive vacations to two members of the high court, ProPublica found. On his Alaska trip, Alito stayed at a commercial fishing lodge owned by this businessman, who was also a major conservative donor. Three years before, that same businessman flew Justice Antonin Scalia, who died in 2016, on a private jet to Alaska and paid the bill for his stay.

Such trips would be unheard of for the vast majority of federal workers, who are generally barred from taking even modest gifts.

Leonard Leo, the longtime leader of the conservative Federalist Society, attended and helped organize the Alaska fishing vacation. Leo invited Singer to join, according to a person familiar with the trip, and asked Singer if he and Alito could fly on the billionaire’s jet. Leo had recently played an important role in the justice’s confirmation to the court. Singer and the lodge owner were both major donors to Leo’s political groups.

ProPublica’s examination of Alito’s and Scalia’s travel drew on trip planning emails, Alaska fishing licenses, and interviews with dozens of people including private jet pilots, fishing guides, former high-level employees of both Singer and the lodge owner, and other guests on the trips.

ProPublica sent Alito a list of detailed questions last week, and on Tuesday, the Supreme Court’s head spokeswoman told ProPublica that Alito would not be commenting. Several hours later, The Wall Street Journal published an op-ed by Alitoresponding to ProPublica’s questions about the trip.

Alito said that when Singer’s companies came before the court, the justice was unaware of the billionaire’s connection to the cases. He said he recalled speaking to Singer on “no more than a handful of occasions,” and they never discussed Singer’s business or issues before the court.

Alito said that he was invited to fly on Singer’s plane shortly before the trip and that the seat “would have otherwise been vacant.” He defended his failure to report the trip to the public, writing that justices “commonly interpreted” the disclosure requirements to not include “accommodations and transportation for social events.”

Paul Bonner, retired career educator, debunks the “science of reading” prattle;

Then the New York Times published this…https://www.nytimes.com/2023/04/16/us/science-of-reading-literacy-parents.html

Ignorance about the circumstances that hinder student learning is pervasive among the national media. They report again and again on failed “one size fits all” remedies without understanding that these fail because they do not address the root cause of public school challenges: Poverty.

Advocacy for “The science of reading”, Lucy Caulkins, or whole language all miss the point. Until we are willing to change the instructional delivery system that allows for K-12 class sizes of 20-30+ students per class, a teaching professional day that does not allow meaningful classroom preparation except beyond the school day, equal high quality resources and facilities for all students, and an understanding that this hyper focus on reading fluency actually demonstrates low expectations for our students.

Perhaps the greatest inaccuracy on the NYTimes report is that somehow schools have not been engaged in this “Science of reading” rabbit hole.

The two large districts I served in were all in with massive resources given to administrative and teacher professional development for the purpose of institutionalizing the practice. Yet, scores never moved despite efforts to show improvement through numerous changes in the standardized tests being implemented.

The confirmation bias so prevalent in this ongoing reporting has been troubling since the Clinton Administration introduced the “Standards Movement.” Any challenges to such bias continue to be ignored and often attacked.

The fact that Emily Hanford, Arne Duncan, Bill Gates, Margaret Spellings continue to act as “go to” interviews when their profession experience as practicing educators is woeful at best, demonstrates the little regard reporters have for the professionalism required to teach and administer instructional outcomes.

It is in fact these arbiters of “data” who use anecdotal reporting to misinform politicians and institutions such as the NAACP to continue this malpractice.

Perhaps the one method we have been reticent to use should be to support teaching, adequately resource school facilities everywhere, and get the hell out of the way for the educators who actually know their craft.

FOX “news” is battling a $1.6 billion lawsuit filed by Dominion Voting Systems, which claims it suffered damage to its reputation and to the lives and safety of its employees because FOX repeatedly aired conspiracy theories about the election. These theories, repeated numerous times on FOX, asserted that the Dominion Voting machines were programmed to flip votes from Trump to Biden. Some who were interviewed numerous times on air by leading talk-show hosts claimed that Dominion machines originated in Venezuela, when left-wing tyrant Hugo Chavez was president.

Depositions of the talk-show hosts and of Rupert Murdoch showed that none of them believed that Trump won the election, yet they continued to feature election deniers. The talk-show hosts laughed at the claims of the election deniers, yet interviewed them repeatedly.

FOX’s defense is that it was reporting the news. Any judgment against FOX, its lawyers say, would restrict freedom of the press. Read the debate here on NPR.

FOX’s lawyers rely on a U.S. Supreme Court decision in 1964, New York Times v. Sullivan. The Times won the case, and the high court made it very difficult to sue a media outlet for defamation or libel.

As a result of that decision, the media and individuals can ridicule public officials without fear of being sued for libel or defamation.

Now, here is the irony: Conservatives don’t like the Sullivan decision. Trump railed against it. Justices Thomas and Gorsuch think it should be “reviewed,” presumably the way they reviewed Roe v. Wade.

Ron DeSantis has initiated legislation that would lower the bar for libel suits against public officials. He wants to be able to sue reporters and newspapers that criticize him.

If DeSantis had his way, FOX would undoubtedly lose its case. FOX now defends its lies by appealing to Sullivan. If DeSantis had his way, Dominion would win, and FOX would lose.

Haha.

I received the following notice from Dr. Angela Valenzuela of the University of Texas. She has written extensively about diversity, exclusion, inclusion, equity, and history. Her original letter was sent to executives at the American Educational Research Association. She shared it with me, and I am sharing it with you.

As I am sure everybody knows, we are in the throes of a major fight here in Texas over DEI, academic freedom, CRT in higher education, tenure, and so much more and these folks are loaded with hubris—like they can just roll right over us. That’s what DeSantis is demonstrating. So I and others have been working for close to a year now in trying to unite our communities. We are doing this through an organization we’ve named, Black Brown Dialogues on Policy and now, so that we don’t become Florida by uniting as black and brown humanity. Intersectional. Intergenerational. Civil rights, Gen Z inclusive, white allies—and all people of good conscience. This is the Beloved Community, El Pueblo Amado.I just love how it sounds in Spanish.

There’s more that unites than divides us. We’ll have the program up soon, as well, on our website.

Next Saturday, March 11, BBDP is organizing a Virtual Town Hall on DEI and Ethnic Studies and all are welcome to attend:

MEDIA ADVISORY: Black Brown Dialogues on Policy hosts Virtual Town Hall—Sat. March 11, 2023 from 10:00 AM—4:30PM CST

We get going at 10AM CST and you can view it and post questions from our Facebook page:https://www.facebook.com/TeamBlackBrown

We hope to have the Virtual Town Hall program up on our website soon.

AERA luminaries Drs. Francesca Lopez, Christine Sleeter, Kevin Kumashiro and Stella Flores are part of the program. Texas legislators and two Gen Z panels, too.

Media industry professionals are producing it and we are using this Virtual Town Hall as an informational opportunity and organizing tool through which to, on the one hand, pass Ethnic Studies legislation (HB 45), and on the other, defeat terrible bills like those listed below.

HB 45 is about Ethnic Studies. It doesn’t make ES a requirement. Rather, it creates a pathway to a high school diploma through the taking of either Mexican American or African American Studies, courses that are currently electives in state policy at the high school level. Native American Studies and Asian American Studies were “passed,” along with the other two courses in 2018. I and so many others were involved in its passage. And the SBOE has waited for a more conservative board to get in to decide whether and when to align Native American Studies and Asian American Studies to state standards. They’re foot dragging. What we need is a law, or HB 45.

Check out these horrible bills.

The specific bills represent an attack on DEI in higher education: House Bill 1006, House Bill 1607, and House Bill 1046. I heard there was one more, too. We can’t keep up. But these are sufficiently draconian to be concerned.

House Bill 1006 seeks to “prohibit: (A) the funding, promotion, sponsorship, or support of: (i) any office of diversity, equity, and inclusion; and (ii) any office that funds, promotes, sponsors, or supports an initiative or formulation of diversity, equity, and inclusion beyond what is necessary to uphold the equal protection of the lawsunder the Fourteenth Amendment to the United States Constitution.”

House Bill 1607 is the higher education analogue to Senate Bill 3 last legislative session that some have dubbed the “Texas anti-CRT” bill, House Bill 1006.

HB 1046 seeks to prohibit what they’re calling “political tests” in higher education utilized in hiring decisions or in student admissions as a condition of employment, promotion, or admission, to identify a commitment to or make a statement of personal belief supporting any specific partisan, political, or ideological set of beliefs, including an ideology or movement that promotes the differential treatment of any individual or group based on race or ethnicity.

It will really make a difference if folks from all over the country attend to convey solidarity with our cause. Public statements, letters to Governor Greg Abbott and the Lt. Governor Dan Patrick in defense of Ethnic Studies, CRT, and DEI are also much appreciated.

I’m sure I missed some folks, so apologies if I left you out. We have a lot on our plates at the moment.

Hasta pronto! Buenas noches. May all have a blessed week.

Peace / paz,

Angela Valenzuela, Ph.D.

Co-founder and convener

Black Brown Dialogues on Policy

No major media outlet did more to spread the lie that Trump won the 2020 election than FOX NEWS. It gave a platform to election deniers, including those who baselessly claimed that Dominion Voting Systems rigged the vote to favor Biden. Dominion is suing FOX and some of the leading exponents of this view. The case will be heard in April.

We now know, after publication of the depositions, that no one at FOX believed Trump’s lies. They agreed to spread them to protect their ratings. We will be watching to see if FOX is held accountable for allowing liars to undermine our democracy.

George Will wrote about the case. He does not defend FOX.

Five days after the 2020 presidential election, Sidney Powell, the fabulist lawyer, appeared on Maria Bartiromo’s Fox News show to say there has been “a massive and coordinated” effort to “delegitimize and destroy” Trump votes and “manufacture” Biden votes. Bartiromo asked her to elaborate. Powell obliged, talking about Dominion voting machines “flipping votes in the computer system or adding votes that did not exist.”


Four days later, Rudy Giuliani said on Fox Business’s Lou Dobbs program that the Dominion company’s owner was created “to fix elections” — to perform election fraud with sinister software. Dobbs: “It’s stunning.” And: “Rudy, we’re glad you’re on the case.”

On Dec. 10, 2020, Powell said on Dobbs’s program that a “controller module” in Dominion machines allows people to “manipulate the vote,” enabling “Dominion executives” to “sell elections to the highest bidder.” Dobbs lamented this “broadly coordinated effort” to defeat Trump.On Jan. 26, 2021, Mike Lindell, the pillow salesman and substantial advertiser on Fox News, said on Tucker Carlson’s program: “I have the evidence … I dare Dominion to sue me because then it will get out faster … they don’t want to talk about it.” Carlson: “No they don’t.”

Yes, they do. Come April, in the Superior Court of Delaware, the Dominion voting machine company will argue that it has suffered substantial injuries (it is seeking $1.6 billion in damages) because of defamatory statements about the 2020 presidential election that were made, repeatedly, on Fox News.

That the statements were false was obvious. That they were lies — known to be false by those who made them — cannot be reasonably doubted.

Among the difficult questions, however, are: What did Fox News know and when did it know it? (The Wall Street Journal, which like Fox News ultimately answers to Rupert Murdoch, was dismissive of the election fraud claims.) How did Fox News on-air personnel behave when the lies were spoken on the air? Did behavior by people purporting to be journalists constitute complicity in the lying?Dominion’s 139-page complaint alleges numerous examples, such as those above, of Fox News broadcasters being credulous when eliciting preposterous allegations from Donald Trump’s most unhinged devotees. The complaint says Fox “made,” “published,” “ratified,” “endorsed,” “adopted,” “amplified,” “promoted” and gave “a platform to” the lies. But those eight activities have different implications in litigation about defamatory journalism.

Dominion’s complaint argues that Fox News “gave life to” an election fraud story casting Dominion as “the villain.” Trump, enraged by Fox declaring Joe Biden the winner of Arizona and the presidency, successfully urged viewers to abandon Fox. To “lure viewers back” Fox News “endorsed, repeated, and broadcast” many “verifiably false yet devastating lies” about Dominion machines using “software and algorithms” to produce or erase votes, thereby assuring Biden’s victory. “Fox,” Dominion argues, “gave these fictions a prominence they otherwise would never have achieved.” It did this “because the lies were good for Fox’s business.”

Fox could argue, plausibly if uncomfortably, that some of its performers are entertainers lacking aptitudes, motives or incentives for making journalistic judgments about meretricious statements uttered on their programs. And that what might look like “reckless disregard” for the truth (a component of defamation) was merely indifference to it.

Was Fox malicious? Actual malice involves “knowledge that [a statement] was false” or “reckless disregard of whether it was false or not.” Fox could argue that its focus on Dominion was just show business — that Fox News performers were not preoccupied with accuracy. So, slovenly interviewing by Fox hosts pandering to fickle viewers could be presented as a defense against liability for defamation.

Dominion’s complaint alleges that repeated Fox appearances by Powell and Giuliani “gave Fox’s stamp of approval” to lies about Dominion. But the more Fox fanned the flames, the more it could say it was merely giving a platform to newsworthy arsonists.

In his essay “When Are Lies Constitutionally Protected?” UCLA law professor Eugene Volokh says the Supreme Court has upheld punishment for, inter alia, lies constituting defamation, libel, perjury, false statements to government investigators and fraudulent charitable fundraising. Dominion must establish legally cognizable harm from lies not merely reported by, but aggressively disseminated by, a media entity that prospered by encouraging the liars.

That some Fox News personalities (Jeanine Pirro: “Sidney Powell, good luck on your mission”) behaved abominably is indisputable, as is the fact that Dominion was severely injured. The Delaware court’s challenge will be to deliver justice for Dominion without having a chilling effect on journalism. Not that this profession was clearly involved in Fox’s role in the nation’s post-election embarrassment.

In his deposition for the lawsuit, FOX entertainer Sean Hannity allegedly testified that he never believed “for a second” that Trump won, even though he hosted numerous guests who said he did. Rupert Mt Murdoch, Tucker Carlson, and other FOX on-air personalities admitted that they peddled lies.

Writing in the Tampa Bay Times, journalist Jeff Solochek reports that the College Board released a letter last night denouncing the Florida State Department of Education. The College Board says it was naive in trusting the latter agency, which wanted to score political points.

Taken aback by Florida’s attacks against its new AP African American studies course, the College Board late Saturday denounced the state Department of Education, saying it used the course to advance a politically motivated agenda.

The organization’s letter, published at 8 p.m. Saturday, came just two days after it released another statement that did not take such a harsh tone as it pushed back against the department’s claims that portions of the course are “historically fictional.”

“There continue to be conversations and misinformation, and we felt the urgency to set the record straight and not wait another day to do so,” a College Board spokesperson said. The College Board publishes AP courses and exams.

In its latest unsigned statement, the College Board said it is proud of its “historic” course, which has been crafted by renowned scholars. It acknowledged it made mistakes during the rollout and accused Florida of exploiting the situation.

Gov. Ron DeSantis has criticized the course and said Florida would not accept it without revisions. DeSantis has been using attacks against the way race is taught in schools, calling it “woke,” in many speeches amid wide speculation that he will use the issue as part of a presidential campaign.

Neither the governor’s office nor the Department of Education could be reached for comments late Saturday on the College Board’s statement.

Related: Florida claims about AP African American studies are false, College Board says

The College Board stated in its latest letter that it regrets not having denounced the Florida Department of Education’s “slander” that the course “lacks educational value.” The failure to speak up “betrayed Black scholars everywhere,” College Board wrote.

It said it also should have made more clear that the course outline did not include all the scholarly articles, lectures and other materials that will be part of the course. That led to the idea that some important thinkers were eliminated, it said — something Florida officials claimed credit for.

“The vitriol aimed at these scholars is repulsive and must stop,” the group wrote.

College Board made other defenses of the materials and the course preparation. Then it turned its sights on Florida’s interaction with the course.

It called the Department of Education’s claims that it had been in frequent dialogue with College Board over the course content “a false and politically motivated charge.”

Florida officials have claimed credit for changes made to the course outline.

“We had no negotiations about the content of this course with Florida or any other state, nor did we receive any requests, suggestions or feedback,” College Board wrote.

It said the organization was “naive” not to publicize Florida’s course rejection when it first came in September. It said the letter misspelled the word “African” and contained no explanation of the rejection.

The article continues with more detail. What it does not explain is why every objection raised by Florida was met by either a deletion of the name or topic, or a shift from “included” to optional.

Did the College Board cave to Florida or reject Florida’s demands? You decide.