In a blistering dissent, Judge Laurence Silberman said The New York Times and Washington Post are 'Democratic Party broadsheets.'
The control of major media by one political party is a dangerous threat to the country, a federal judge warned in a blistering dissent that called for courts to revisit libel laws that generally protect the press from being held liable for their reporting.
“It should be borne in mind that the first step taken by any potential authoritarian or dictatorial regime is to gain control of communications, particularly the delivery of news,” wrote Judge Laurence Silberman of the D.C. Circuit for the Court of Appeals. “It is fair to conclude, therefore, that one-party control of the press and media is a threat to a viable democracy.”
Silberman argued that it’s time for courts to revisit New York Times v. Sullivan, which has shaped press law in favor of media outlets for more than five decades. The New York Times and the Washington Post “are virtually Democratic Party broadsheets. And the news section of The Wall Street Journal leans in the same direction,” Judge Silberman wrote in his March 19 dissent.
He said that orientation also controls the Associated Press and most large papers in the country, including the Los Angeles Times, Miami Herald, and Boston Globe. “Nearly all television—network and cable—is a Democratic Party trumpet,” Judge Silberman added.
Silicon Valley also has “enormous influence” over the distribution of news and it “similarly filters news delivery in ways favorable to the Democratic Party,” wrote Judge Silberman, highlighting the shocking suppression of stories about Joe Biden and his family when he was running for president.
In that case, Twitter and Facebook censored media outlets that reported accurately about the Biden family’s dealing with foreign entities. Twitter suspended users, including sitting White House press secretary Kayleigh McEnany, for merely sharing accurate information, and prevented people from sharing the information privately on its platform. Facebook said it would censor coverage of the Biden family corruption pending a “fact-check,” an unprecedented privilege given to Biden in the closing days of one of the closest presidential elections in history.
Only a few major media outlets are not controlled by the left, Silberman noted, citing Fox News, where this reporter is a contributor, the New York Post, and The Wall Street Journal. “It should be sobering for those concerned about news bias that these institutions are controlled by a single man and his son. Will a lone holdout remain in what is otherwise a frighteningly orthodox media culture? After all, there are serious efforts to muzzle Fox News,” he wrote. CNN hosts and other leftist activsts are currently on a campaign to deplatform their rival.
“Admittedly, a number of Fox’s commentators lean as far to the right as the commentators and reporters of the mainstream outlets lean to the left,” Silberman wrote in a footnote, in a dig at reporters inserting their extreme partisan views into news stories.
A New York Supreme Court judge last week ruled against The New York Times’ effort to get a defamation suit against it dismissed. The Times had said that its reporters were inserting opinion into news stories, and that opinions are not actionable for defamation. The argument didn’t hold sway with the judge, who critiqued the blending of news and opinion in purported news stories.
Another footnote critiqued the tepid response of some to “big tech’s behavior” censoring conservative speech. Silberman called repression of political speech in large institutions with market power “fundamentally un-American.”
“Some emphasize these companies are private and therefore not subject to the First Amendment. Yet—even if correct— it is not an adequate excuse for big tech’s bias. The First Amendment is more than just a legal provision: It embodies the most important value of American Democracy. Repression of political speech by large institutions with market power therefore is—I say this advisedly—fundamentally un-American,” Silberman wrote.
He then cited Tim Groseclose’s book, “Left Turn: How Liberal Media Bias Distorts the American Mind,” which empirically argued that media bias even a decade ago gave Democrat candidates an 8-10 point advantage. “And now, a decade after this book’s publication, the press and media do not even pretend to be neutral news services.” Silberman noted.
“The First Amendment guarantees a free press to foster a vibrant trade in ideas. But a biased press can distort the marketplace. And when the media has proven its willingness—if not eagerness—to so distort, it is a profound mistake to stand by unjustified legal rules that serve only to enhance the press’ power,” Silberman concluded.
The movie that couldn’t be made from the story that couldn’t be told (because of mainstream and social media suppression ahead of the November 2020 election) is soon coming to a theater near you. Filmmakers Phelim McAleer and Ann McElhinney have announced they’ll begin shooting the Hunter Biden story – in all its embarrassing glory – sometime in the summer of 2021.
The film, tentatively titled “My Son Hunter” will, the website says, “tell the story of the Biden Family Corruption through the eyes of Hunter Biden. You will be shocked by what you see on screen. You may think you know the story, but the truth is more damning than you could ever imagine!”
In interviews about the project, McAleer and McElhinney have said they intend to examine the life and exploits of President Joe Biden’s son younger son Hunter by focusing on “established facts” rather than speculation or conspiracy theories of the kind that circulated widely in the months leading up to the last election.
“Somebody has to tell this story, so we decided to make this movie,” McAleer told Fox News. “People need to know this story. It’s about some of the most powerful people in the country. Nobody knows it. But it’s shocking.”
The younger Biden’s life and business dealings were subjected to much speculation during the fall campaign. Allegations that he acted as a go-between or bagman for his father while the elder Biden was Vice President of the United States were seized upon by supporters of then-President Donald Trump who used them to try and blacken his opponent’s reputation.
The allegations were given a momentous push forward after stories began to circulate that a laptop had been located in a Delaware repair shop containing salacious material that might confirm some or all of the stories about financial misdeeds and international corruption that were being spread about the younger Biden’s activities Those stories, which were eventually published in the New York Post, were later suppressed by social media outlets including Twitter which took the then-extraordinary step of suspending the paper’s account to keep the story from spreading.
McAleer and McElhinney are hoping, they said, to raise $2.5 million over the next 60 days to fund the project but show little concern they will be unable to do it. A previous crowdfunding effort of theirs raised more than $2.3 million which they used to make an eponymous film about Philadelphia abortionist Kermit Gosnell that was released to theaters in October 2018.
Hunter Biden, who has repeatedly denied any wrongdoing, is under investigation by the federal government over tax matters as well as his business dealings in China and Ukraine. Overseeing the inquiry is David Weiss, a Trump-era appointee to the position of United States Attorney for Delaware who was asked to stay on in his current role in early February after almost all other U.S. Attorneys were asked by the Biden Administration to submit their resignations by the end of the month.
“This is an incredibly fascinating story,” McElhinney said. “It’s ‘Austin Powers’ meets ‘King Lear’ with a dash of ‘House of Cards.’ The story is so compelling that viewers on both sides of the aisle will find it incredibly entertaining.”
No casting choices have been announced and the script, McAleer said, was still in production. Filming is expected to begin in the summer of 2021, somewhere in Eastern Europe.
About a month ago, news consumers were belatedly informed that New York governor Andrew Cuomo was not a pandemic hero, the Lincoln Project was not filled with noble Republican idealists who were effectively persuading conservatives to stop supporting Donald Trump, and progressive policies were not helping the least fortunate in California. This week, the media belatedly recognize that the evidence for soaring hate crimes against Asian Americans is much less reliable than initially reported, that the survey data reveal that liberal perceptions of police shootings are wildly at odds with the verifiable facts, and that recent headlines exaggerated the conclusions of a CDC report on government mask mandates.
Some days I feel as if I might as well rename this newsletter, “Here’s what the data actually say . . .”
A Lot of What the Media Told You Was Wrong, Part One
The New York Times, February 27: “Hate crimes involving Asian-American victims soared in New York City last year. Officials are grappling with the problem even as new incidents occur.”
USA Today: “Hate crimes against Asian Americans are on the rise.”
Jay Caspian Kang, writing in the New York Times op-ed page, Sunday:
There are claims of a huge national spike in anti-Asian hate crimes, but they largely relyon self-reported data from organizations like Stop AAPI Hate that popped up after the start of the pandemic. These resources are valuable, but they also use as their comparison point spotty and famously unreliable official hate crime statistics from law enforcement. If we cannot really tell how many hate crimes took place before, can we really argue that there has been a surge?
There have also been reports that suggest that these attacks be placed within the context of rising crime nationwide, especially in large cities. What initially appears to be a crime wave targeting Asians might just be a few data points in a more raceless story.
There have also been condemnations of Donald Trump and how his repeated use of the phrase “China virus” to describe the coronavirus and his invocation of white supremacy might be responsible. But how does that explain the attacks by Black people? Were they also acting as Mr. Trump’s white supremacist henchmen? Do we really believe that there is some coordinated plan by Black people to brutalize Asian-Americans?
It is also worth noting that a report that generated the frightening headline, “Hate Crimes Targeting Asian Americans Spiked by 150% in Major US Cities” showed wildly different circumstances in different cities. The report identified 122 incidents of anti-Asian-American hate crimes in 16 of the country’s most populous cities in 2020. Almost a quarter of them, 28, occurred in New York City. The top four cities — New York, Los Angeles, Boston, and Seattle — were the location for 57 percent of all cases in the study. In Cincinnati, the number of hate crimes targeting Asian Americans increased from zero in 2019 to one in 2020, and San Diego had the same figures. Chicago stayed level with two each year. Denver and Houston increased from zero to three. Washington, D.C., declined from six to three.
Every crime is worthy of investigation and prosecution, and even one case of someone being targeted for a crime because of their race, religion, or heritage is one too many. But in this situation, it appears that the existing spotty statistics are being shoehorned into place to support a narrative of a worsening crisis. The headline “Hate Crimes Targeting Asian Americans Spike in a Few US Cities, Rare in Others” wouldn’t attract quite so much attention.
Of course, the only way society can investigate and prosecute hate crimes is with an effective police force, and there’s not exactly a broad political consensus in support of the police now, is there?
A Lot of What the Media Told You Was Wrong, Part Two
That deep political division about the quality of American policing stems from wildly disparate beliefs about what the police do.All Our Opinion in Your Inbox
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The Civil Unrest and Presidential Election Study (CUPES) survey, completed last month, asked 980 adults two questions. The first was, “If you had to guess, how many unarmed Black men were killed by police in 2019?” Options ranged from “about 10” to “more than 10,000” The second question was “If you had to guess, in 2019 what percentage of people killed by police were Black?” Respondents could choose any number from 0 to 100.
According to the Washington Post database, regarded by Nature magazine as the “most complete database” of its kind, 13 unarmed black men were fatally shot by police in 2019. According to a second database called “Mapping Police Violence,” compiled by data scientists and activists, 27 unarmed black men were killed by police (by any means) in 2019.
The CUPES survey found that “over half (53.5 percent) of those reporting ‘very liberal’ political views estimated that 1,000 or more unarmed black men were killed,” and 26.6 percent of those identifying as “liberal” believed it was “about 1,000.” Fourteen percent of those identifying as “very liberal” believed “about 10,000” unarmed black men were killed, and almost 8 percent of those identifying as “very liberal” believed that more black men were killed by police in 2019.
The study noted that, according to peer-reviewed research, 26.7 percent of the victims of police-shooting fatalities between 2015 and 2020, were black. Another source, BBC News’s “Reality Check Team,” reported that in 2019 specifically, 23.4 percent of the victims of police-shooting fatalities were black.
The second question found similar results. “Those who reported being ‘liberal’ or ‘very liberal’ were particularly inaccurate” in their guesses of what percentage of people killed by police were black, “estimating the proportion to be 56 percent and 60 percent, respectively.”
If you walked around believing that 1,000 or 10,000 or even more unarmed black men were killed by police each year, with minimal if any consequences, you would probably distrust the police and want to see them abolished or defunded or, at minimum, torn down and rebuilt from the ground up with a completely different culture.
A Lot of What the Media Told You Was Wrong, Part Three
Before we go any further, I’m pro-wearing masks. I don’t think they provide perfect protection. I think KN95s are more effective than cloth masks, and cloth masks are better than nothing. I think wearing your mask on your chin is ridiculous. And while we’re still collecting data, the evidence we have is that full vaccination makes people much less likely to spread the virus — so there is little reason for groups of vaccinated people to wear masks around one another. And if you’re going to go into a restaurant, it’s best to try to maintain that six-foot distance between you and members of your household and everyone else, particularly when unmasked and eating.
You probably saw the headline, “CDC study finds in-person dining bans and wearing masks make a difference.”
The CDC compared county-level data on mask mandates and restaurant re-openings with county-level changes in COVID-19 case- and death-growth rates relative to the mandate-implementation and reopening dates. When you dig deep into the actual CDC report, you find:
During March 1–December 31, 2020, state-issued mask mandates applied in 2,313 (73.6 percent) of the 3,142 U.S. counties. Mask mandates were associated with a 0.5 percentage point decrease (p = 0.02) in daily COVID-19 case growth rates 1–20 days after implementation and decreases of 1.1, 1.5, 1.7, and 1.8 percentage points 21–40, 41–60, 61–80, and 81–100 days, respectively, after implementation (p<0.01 for all) (Table 1) (Figure). Mask mandates were associated with a 0.7 percentage point decrease (p = 0.03) in daily COVID-19 death growth rates 1–20 days after implementation and decreases of 1.0, 1.4, 1.6, and 1.9 percentage points 21–40, 41–60, 61–80, and 81–100 days, respectively, after implementation (p<0.01 for all).
Notice the decrease was in the case- and death-growth rate, not the number of overall cases or deaths. And the difference in that rate of growth of both cases and deaths added up to less than 2 percent over a three-month period. That’s not nothing; we obviously want to prevent every death that we can. But that’s also not a particularly dramatic difference.
A mask mandate may mitigate the death toll in a state, but not by much. The state that ranks the worst in COVID deaths per million residents is New Jersey, with 2,654, as of this writing. New Jersey was the first state to require masks at all businesses starting April 10, 2020, and outdoors in circumstances where social distancing is not possible since July 8, 2020. More than 90 percent of the state’s 23,557 deaths occurred since the former mandate was implemented.
The second state to enact a mask order was New York, which enacted a mask requirement April 15, 2020, and that state ranks second worst in COVID deaths per million residents, at 2,497. The states that rank at the bottom in deaths per million residents are Hawaii (mask requirement), Vermont (mask requirement), and Alaska (no mask requirement).
How many Deaths is an elected official allowed before he/she is assigned an accurate but less than complimentary Nom De Plume which reflects his/her accomplishment ? If you are Ron DeSantis of Florida the number is probably zero. However, If you are Andrew Cuomo , the number is in the thousands.
The exact number may never be known since the quality of the recordkeeping and reporting is suspect – but published reports of the effect of the his now infamous March 25, 2021 order, put the number into the thousands. For those who don’t remember, Gov. Cuomo ordered Nursing homes to accept, without testing, medically stable patients without regard as to their COVID 19 status. Nursing homes were specifically prohibited from requiring testing of a hospitalized resident determined to be medically stable.
The stated reason for this policy was the urgent need for hospital beds, yet , the Javits Center opened with a 1,000 bed capacity two days after the order was issued. The USNS Comfort , with an additional 1,000 beds arrived March 30. It left New York waters on April 30 having cared for 282 patients, less than 30% of it’s capacity. Yet the order stayed on.
The Javits center closed on May 8, 2020. The order requiring Nursing Homes to take COVID 19 positive patients remained in place until May 27, 2020 after NY had registered one of if not the highest death rate in the Nation.
Now many are suggesting that Gov. Cuomo be investigated for attempting to cover-up his handling of the news concerning his lethal order.
The time is overdue for Mr. Cuomo to receive a Nom De Plum worthy of his actions. Henceforth he shall be known as The Butcher of Albany.
Serious consideration should be given to criminal prosecution for the untold number of persons who died because of his infamous order. Their cries for justice are deafening.
Journalists have become the thing they profess to hate — closed-minded censors who want to stifle free expression.
The American media — long stalwart defenders of the First Amendment — are now having second thoughts.
For decades, it was a commonplace sentiment among journalists that freedom of the press was one of the glories of our system. It helped to make the government accountable and to air diverse points of view — even unpopular ones — to be tested in the marketplace of ideas.
Media organizations were at the forefront of the fight to vindicate First Amendment rights, with the New York Times involved in two landmark Supreme Court decisions (New York Times Co. v. Sullivan and the Pentagon Papers case), and tended to rise as one against any perceived threat to their prerogatives and freedoms.
This advocacy has been sincere, although, if nothing else, journalists should be First Amendment purists out of a sense of self-interest. In a 2018 essay in The Atlantic representing the bygone conventional wisdom, titled “Why a Free Press Matters,” the longtime newscaster Dan Rather noted, “As a working journalist, I know I have a stake in this concept.”
One would think so.
Yet now journalists have lurched from finding a threat to freedom of the press in every criticism of reporters and news outlets by former President Donald Trump to themselves calling for unwelcome media organizations to be shut down.
They’ve become the thing they profess to hate — closed-minded censors who want to stifle free expression, First Amendment be damned.
Perversely, the TV program and email newsletter of the top media analyst at CNN, Brian Stelter, have been clearinghouses for such advocacy, whether it is demands to get right-wingers removed from social media or — more astonishingly — to keep conservative cable networks off the airwaves.
Stelter’s colleague, media reporter Oliver Darcy, tweeted about his effort to get cable companies to answer why they carry pro-Trump channels such Newsmax and One America News Network. “Do they have any second thoughts about distributing these channels given their election denialism content?” he asked on Twitter. “They won’t say.”
In the same vein, Washington Post columnist Max Boot drew a direct line between how we deal with foreign terror groups and how we should treat right-wing media organizations. “We need,” he wrote, “to shut down the influencers who radicalize people and set them on the path toward violence and sedition.”
Boot noted, approvingly, that the U.K. doesn’t have the equivalent of Fox News because regulators won’t allow it. The U.K. also doesn’t have a First Amendment, a small detail that might be worth considering if the point is to protect our freedoms rather than to destroy them in a fit of ideological vengeance.
A writer at the progressive publication Mother Jones argued for an advertiser boycott instead of regulatory action in a post called, charmingly, “It’s Time to Crush Fox News.”
A boycott wouldn’t violate the First Amendment like a direct crackdown on Fox and others. Still, it would be private action undertaken in the service of a profoundly illiberal goal, running counter to the country’s culture of free speech.
All of this would be bad enough if it weren’t people who write and comment on TV for a living advocating it. But journalists have been moving in this direction for a while now, as Armin Rosen catalogues in a disturbing report for Tablet magazine.
The author Steve Coll, who is no less than the dean of the Graduate School of Journalism at Columbia University, said last December, “Those of us in journalism have to come to terms with the fact that free speech, a principle that we hold sacred, is being weaponized against the principles of journalism.” The former managing editor of Time magazine, Richard Stengel, has written: “All speech is not equal. And where truth cannot drive out lies, we must add new guardrails.”
And so its erstwhile champions are ready to retreat from strict adherence to the First Amendment to a new rule of “free speech for me, but not for thee.”
Let's be honest: The right is making a forced retreat. Here's how we can make it a strategic one that sets our ideas up for better success in the long run.
Joe Biden’s inauguration is a sad day for those of us on the right, and it’s not just because — either through actual votes or through deliberate election confusion — we lost the Senate and presidency. It’s because so many of us are deeply aware of what Democrat reign means.
It means the acceleration of mass murder and forcing taxpayers to pay for it. It means, as my boss Ben Domenech puts it, “nuns are back on the menu.” It means, as I’ve pointed out, the increase of public schools destroying children’s innocence and facilitating minors’ access to drugs that enable HIV-positive sex. It means an entrenchment of the institutional racism of critical race theory in every institution possible, also pushed by taxpayer funds.
It means Democrats rig more structures of American life against those who disagree with them, possibly preventing us from ever having a meaningful voice in our own governance again. It means the proliferation of government spending that accelerates our nation’s likelihood of devastating economic collapse. It means frighteningly labeling half the country “domestic terrorists,” a label that prepares for stripping more of our rights. All this, in turn, makes us increasingly vulnerable to foreign enemies, propagandists, and demagogues.
This is a weight that is difficult for the perceptive to bear. Those of us who deeply treasure what makes America itself are again staring into the abyss of the genuine possibility that what we love about our country may be truly lost forever, as not just lambasted authors of Flight 93 essays but also highly studied, more tonally measured observers such as Charles Murray think is quite clear from the data.
While these losses do mean the increase of genuine moral evils and therefore deserve to be mourned, all is not lost. Yes, we’re forced to retreat, but let it be a strategic, orderly, cunning retreat, not a chaotic retreat that breaks into a rout.
There are now numerous strategic advantages and strategies available to the people who love America, if we choose to employ and enlarge them. With them we may begin, if not to “save America,” at least to enlarge some space for living more closely to America’s founding principles than we inhabit now and to mitigate the evils that are to come.
Those of us who have been paying attention are now highly aware that corporate media and corporate tech are a bicephalic propaganda monster. We’ve learned through a 2020 of constant lies, information control, and gaslighting — from COVID to Hunter Biden — that the quickest way to guess the truth is, as in communist countries, to read what state media are saying and then assume the opposite.
While it’s frightful that corrupt, pedophile-enabling corporate media control our lives right down to the air we are allowed to breathe and whether we are allowed to honestly support our families, and that the majority of Americans either believe their outright lies or are heavily influenced by them, this knowledge is also highly useful. For it means that Americans are not necessarily supportive of socialism and baby murder and all the other things that Democrats do when in power. It means that our country still includes a lot of well-meaning people who love America but have been deeply deceived enough to turn it over to its worst enemies.
This means Democrats do not have, in any way, shape, or form, a mandate to perpetrate the policies upon which they are about to embark. Their empire is built on a throne of lies. And empires like that are weak and unstable, as Democrats’ fortification of the capitol and crazy accusations that U.S. soldiers who voted for Trump are traitors also projects.
This weakness means danger, but also opportunity. We must be ready to bind up the wounds and welcome to our ranks those the left’s culture war has devastated. We must do our utmost to dispel the lies that give the left power. Information warfare — in education and media contexts, primarily — should be a top priority.
Additionally, this means (metaphorical) war against corporate and tech media dominance is highly needed and will be effective. It has plenty of room and need for growth. It also means that citizens need to do more to combat media lies and provide the basic information Americans need and which big media takeovers have entirely hollowed out. Their lies need to not only be exposed, but replaced with truth.
I’d start with forming local blogs focused on local information-sharing about basic entities like the school board, city council, election laws and procedures, and district attorney. It’s not that hard to go to a meeting and write a 800-word summary of what happened. Get a dozen friends and divide up the job.
Ask DA and county sheriff’s candidates their positions on the crazy things Democrats are doing like springing rioters and enabling opioid spread, and publish what they do or don’t say. Stop railing on Facebook and start attending public meetings and writing about them on your own local group blog.
As a part of Democrats’ lack of awareness they lack a mandate other than “don’t be Trump,” they are going to overshoot, big time. They are going to enact many extremist ideas. Even the propaganda media won’t be able to entirely hide this from Americans. And there will be backlash.
This will heighten the contradictions between Democrat leadership and many current Democrat base voters who are staying with the party even though its priorities hurt them and the nation. The lack of Trump as an all-purpose leftist scapegoat will assist with this.
As has been widely noted, Trump was able to break through some of the racial stereotypes about what it means to be a Republican or Democrat and earn more nonwhite support. With him in retirement, those of us on the right have the opportunity to continue making his case without being saddled with his baggage.
This is a huge opportunity. Without Trump to use as an excuse for everything, Democrats are going to provide clarity to many more voters that they are actually the totalitarians they project onto the right. They are going to harass nuns, foster parents and agencies, Christian camps, and minorities who disagree with them. They are going to be more obviously the party of the rich and corrupt.
It’s a bad look. And it will turn voters away. Again, we need to be ready to welcome these voters even if they are not ideologically “pure.” I’d rather have a wasteful social welfare state that murders fewer babies, supports free speech, and doesn’t harass nuns than a corporate welfare state that harasses the poor and religious. If that is the tradeoff we get, I’ll take it.
In the wake of the capitol riots that weren’t perpetrated by Black Lives Matter, big corporations and chambers of commerce have pulled their high-dollar donations from many Republicans and Republican political funds. Good.
For years, elected Republicans offered lip service and placebos to their base voters and did what big corporate donors actually wanted, which hurt their voters and structurally undermined their long-term support, such as through mass illegal immigration. This has rightly fueled the public perception that Republicans care only about money and rich people, rather than an equal playing field for all and the common good. Now without those donations, they have no reason to offend and harm large numbers of voters to suck up to a small number of donors. This will make them more competitive and less corrupt.
Behavior like the below, for example, will erase the financial incentive for Republican officeholders to provide special breaks and bailouts for businesses that pay politicians big money to slant the legal playing field in their favor. Trump has made for a GOP that is far more competitive in the small-dollar online donor space. This will further help low-information voters see that Democrats are the party of the corrupt at the expense of the people, and make the GOP less so.
COVID shutdowns with no end in sight are a violation of our natural, constitutional, and human rights. However, as with a Biden administration coming to power, this evil also will cause damage to those who attempt to wield it against their enemies.
It will mean a quicker downfall of many corrupted institutions, from “churches” that don’t proclaim orthodox theology losing parishioners who will never come back from “virtual church” to the death of higher education institutions that have been colluding with corrupt politicians to scam gullible young people out of their futures.
Our country is populated by people who fail to the top. But the more of them there are, the more enemies they make and the weaker their rigged systems become. And the more aware their opponents and the people caught in the middle become of their decay.
This will mean more cultural, theological, and philosophical refugees. Ready the lifeboats for them now.
Let every locale where it is possible create the most secure voting systems in the world. Let every locale where it is possible elect and support sheriffs who will not allow a Biden administration to crush Americans’ Second Amendment rights. Let every Republican governor and member of Congress who has lost corporate support now make a ruthless plan to eliminate corporate favors from the entire legal code over which they have jurisdiction.
Let every single town board and town council put Comcast, Verizon, and all other ISPs and broadband providers on notice that if they do not adhere to First Amendment protections for all customers, these local governments will be finding another business to profit from the public infrastructure in their towns. Let every single legislature controlled by Republicans ban the institutional racism of critical race theory in every single public workplace in their state, including universities and public schools. If every elected Republican will not support this, they should be put on record explaining why not, by citizens and their local news blogs.
If the United States is to live under neo-feudalism, in which our rights are subject to the whim of whoever is in power and shift with every election instead of being protected forever equally for all under the Constitution, then let these neo-feudal lords begin to stake their territorial claims and protect their citizens as best they can, severing the levers the abusers of our rights deploy against us (such as federal funding).
Let sanctuary cities and states no longer be only for California. It will be a good thing for the federal government to have more difficulty forcing its schemes on states and local governments.
All this will only accelerate the migration from blue to red states that is already underway.
The sheer extent of the degradation of America’s founding principles and the citizenry who once had the character to live under them clarifies what is at stake. No longer can we pretend that identity group “antidiscrimination” rules are compatible with equal protection or the First Amendment. No longer can we pretend that a government that can dole out unfathomable amounts of money can do so without corrupting both those who give and those who receive this false charity.
We now live among the real-world results of implementing leftist ideology, and it’s not pretty. And no one can really deny it. This is why Democrats take refuge in the culture war, the cult at the core of their secular religion — they have nothing left to offer the masses but bread and circuses.
This is pushing people to make significant life changes towards a more meaningful and integrity-filled way of life, and to seek other people to join this journey. It is also pushing the truly awake people — and a few of our lawmakers — to reach down into the well of first principles to find water in a parched land. This well is an abundant source of life and renewal that many people would not seek if life stayed comfortable.
This is precisely the time for we anti-wokesters to coalesce around principles on which we can all agree. This may be our only hope of survival, in fact. As in the Cold War era, to defeat our common foe we need a broader coalition that is necessarily going to include a lot of people who disagree on a lot of particulars.
To work out our strategies and points of agreement to fight not against each other but against our common foe in the ideology of the totalitarian left, we need to encourage more speech, not less. We need to engage more points of view and be willing to let more people speak, not fewer. We need to not be primarily attacking and tone-policing people of good will who love our country, but primarily facing outward at the barbarians who control the gates and want to destroy our country.
This doesn’t mean there are no morals, that people should be relieved of the burden of proving their assertions, or that we should elevate the voices of people who believe things that have been soundly proven to be wrong (such as Holocaust deniers). It means, however, that instead of banning them from the Internet or refusing to allow them to air their ideas, we should listen with empathy and try to understand their points of view. Our primary orientation should be persuasion, conversion, discussion, and openness, not eradication.
Instead of shutting people up because we disagree with their conclusions, we should ask them to prove their assertions and explain what led them to their stances, as James Lindsay and Peter Boghossian recommend in their excellent book. If it works with Ku Klux Klan members and people in divorce counseling, it can help our country too.
As regarding the capitol rioters, the propaganda narrative depicts us and Trump making a cacophonous, beaten-puppy exit. But in fact, as this week’s impeachment vote and more prove, we are highly unified. The outliers are given outsized voices by corporate media to deceive and demoralize us.
We are not like these rioters in any way, including in making an ignominious exit. Yes, we’re headed for the wilderness circuit that befalls a party out of power, but the truth is, we’ve been out of power this whole time. Trump was undermined and lied to continuously by every branch of the government he was elected to command. The past four years have made this and many other truths much plainer to see. Seeing clearly makes it possible and necessary for us to act prudently.
Being in the wilderness also has its advantages. They include loyalty — not sycophancy, but loyalty of the kind that only arises amid brothers and sisters in arms under constant attack. It teaches us to sacrifice, to become tougher, leaner, smarter, more agile. These are all great assets that may or may not give us a political advantage here in this temporal life, but absolutely make us better fit for eternal life. And the left can never truly command people whose souls are free, no matter how strong they appear to be.
It’s not Trump supporters who are living in a fantasyland, but members of the corporate media who sense their power and influence waning.
With the end of Donald Trump’s presidency fast approaching, we’ve seen a surge of columns and posts asserting that Republicans and Trump supporters have lost touch with reality. After four years of marinating in “falsehoods” and “disinformation”—a term that really just means “information I don’t like”—Trump’s backers are all turned around, we’re told. They believe much that isn’t so.
David Brooks of The New York Times explains that these poor saps, most of whom, he says, are uneducated, uncredentialed people who don’t live in prosperous cities, have retreated to conspiracy theories to explain their misfortune and unhappiness. “People in this precarious state are going to demand stories that will both explain their distrust back to them and also enclose them within a safe community of believers,” he writes. Trump, QAnon, and Alex Jones “rose up to give them those stories and provide that community.”
Over at The New Yorker, editor David Remnick ponders the grave costs of Trump’s “assault on the press and the truth,” asking how many COVID-19 victims “died because they chose to believe the President’s dismissive accounts of the disease rather than what public-health officials were telling the press? Half of Republican voters believe Trump’s charge that the 2020 election was ‘rigged.’ What will be the lasting effects on American democracy of that disinformation campaign?”
These are just representative samples, but across the mainstream commentariat the gist is all the same: if you support Trump, you’re likely a poor person who believes conspiracy theories and is dangerously disconnected from reality, partly because you resent successful people like Messrs. Brooks and Remnick. You live in a fantasyland because it assuages your feelings of inferiority, which are mostly justified. You’re paranoid because you’re powerless, and the alternate reality you’ve constructed for yourself gives you a sense of power and agency in a confusing, unsettled world.
But here’s the thing. Everything these media elites say about Trump supporters can more properly be said about media elites themselves. Who really has been living in a fantasyland these last four years? Is it the ordinary Americans—including a lot of educated, white-collar professionals—who voted for a president they felt would shake up the sclerotic status quo in Washington, or a press corps that perpetuated an actual conspiracy about Trump-Russia collusion for years?
It was Remnick’s New Yorker, after all, that published a serious-seeming essay in September 2018 that claimed Facebook had been weaponized by “Russian agents who wanted to sow political chaos and help Trump win” in the 2016 election—an effort, the author said, that had an “astonishing impact.” Never mind the preposterousness of claiming that a couple hundred thousand dollars in Facebook advertising had an “astonishing impact” on the outcome of the 2016 election, there has never been a shred of evidence that “Russian interference” changed or altered even a single vote in 2016.
A New Yorker staff writer named Evan Osnos wrote that article. Osnos won the National Book Award in 2014 and in 2015 was a finalist for the Pulitzer Prize. He’s won many other prizes and worked all over the world, and, just before the election, published a flattering book about former Vice President Joe Biden. Osnos is the sort of fellow Brooks has in mind when he talks about “professional members” of the “epistemic regime”—the people who know what’s real and tell us so, a job for which they are richly rewarded.
What else has this supposedly enlightened member of the epistemic elite told us? In June, he compared Trump’s White House, which had a temporary fence around it after Black Lives Matter protests turned into riots, to the Zhongnanhai, the seat of China’s communist government in Beijing, where “people are more accustomed than Americans are to the notion of leaders who live and work secluded from the public.”
Earlier that month, Osnos dashed off a post that described—falsely, as it turned out—protests in Lafayette Square on June 1 as “peaceful.” We all know, even if the media refused to report it, that the protesters were not at all peaceful, and in fact were hurling “bricks, frozen water bottles and caustic liquids” at police.
This isn’t really about Osnos, his hackery notwithstanding, but about his professional class—a class that fervently believes much that isn’t so. Despite mountains of evidence to the contrary, members of Osnos’ class still believe that Trump got substantial help from Russia in 2016. They believe, still, that Trump is a dangerous authoritarian who might just destroy the republic. They believe, still, that the only reason tens of millions of Americans would support Trump is that they are racists or rubes, or both.
Osnos and Remnick and the rest of our media elites believe these things for the same reason Brooks thinks Trump supporters are conspiracy theory-addled suckers: they are becoming irrelevant, they are losing power and influence, their status as members of the epistemic regime is uncertain—indeed, their entire regime seems to be collapsing, and they know it.
It’s not too much to say, quoting Brooks, that “people in this precarious state are going to demand stories that will both explain their distrust back to them and also enclose them within a safe community of believers.”
So we will continue to see stories and commentary from the epistemic regime that soothe men like Brooks, Remnick, and Osnos, assuring them all is well, that credulous, mendacious Trump supporters have been put in their place, and that after a harrowing four years, all is once again as it should be.
Michael Cohen seems to believe his former boss threw him under the bus. If he did, it was only because the man called Donald J. Trump’s one-time “fixer” was standing in front of it at the time. Now, disgraced, disbarred, and in need of money, he’s written a book and is trying to get even.
Good luck with that. The public may be eating up what the major media is hyping in some detail but everything Cohen has to say, no matter how vile, won’t have much of an effect on the upcoming election. Neither will anything the other salacious books say about him – and that includes the books written by his niece, by a former confidant of the first lady, and by former members of his administration. As far as his conduct in business and in office is concerned, the president is bulletproof.
The country knows Trump and the voters have made up their minds. They either love him or hate him, with not much space in between. Some consider him the savior of a nation rapidly descending into permanent decline. Others see him as the cause of the decline. Either way, one more book about what a bad guy he is and who and why people might have gotten paid off and whatever else Cohen mentions in his book won’t move the needle.
Character counts, not just for the president but for the people who cover and criticize him in the public square. Cohen’s skirts aren’t exactly clean, which raises plenty of issues about whether anything he has to say now can be trusted. After all, he’s currently confined to his home while serving out a three-year sentence for tax evasion, violating campaign finance rules, and lying to Congress.
Cohen may have his regrets but most of them probably have more to do with getting caught than with any genuine pangs of conscience. Maybe he’s a transformed person but that doesn’t explain why he stayed in his employ for so long if Trump was so evil as to merit being called, among other things a “cult leader” and a “mob boss”.
Rather than take Cohen and the other “tell-allists” at their word we ought to be at least considering their motivations even if we don’t go into as much detail as the investigations of the president have. These former associates have, alongside the anonymous sources and so-called whistleblowers who’ve helped populate the pages of the daily paper with powerful allegations of political and presidential misconduct throughout the entire Trump administration, imperiled not just a presidency but the nation and the constitutional process.
Are these attacks coordinated? Probably. It takes more imagination than most people have to believe the way they all dovetail together to the benefit of the Democrats – especially to Nancy Pelosi and Joe Biden – is mere coincidence. Most people believed Hillary Clinton when she blamed a “vast, right-wing conspiracy” for the problems her husband experienced while in office. Is it therefore that much of a stretch to believe a similar but ideologically opposite group are at work now?
It always amazes me just how stupid reporters are. Maybe stupid isn’t the right word, ignorant is more like it. How do people who claim to be the arbiters of what is news not follow the news? Seems like knowing what you’re talking about would be an important component of journalism, especially since journalism considers itself “the first draft of history.” But for too many of these left-wing teleprompter readers and Democratic Party stenographers, history just started yesterday.
MSNBC anchor Katy Tur is known not for her depth of knowledge on important issues, but her basic ignorance of things that happened in her lifetime is disturbing. In a debate in 2017 with a Republican congressman (because why wouldn’t a “news” anchor debate a Republican?), she exposed how unaware she was of something that happened in 2012 – when then-President Barack Obama told then-Russian President Dmitry Medvedev to tell Vladimir Putin he’d have “more flexibility” after the election. It was news to Tur, whose excuse was, “To be fair, I didn’t touch politics in 2012. I almost exclusively covered fires and shootings in NYC area.” Apparently New York City doesn’t have cable news or newspapers.
But all the ignorance of things that happened before today isn’t limited to television personalities. Colby Itkowitz, who covers national politics for the Washington Post, showed just how oblivious a reporter could be and still hold a job. Saturday, after President Trump signed executive orders related to tax policy and coronavirus relief, Colby tweeted, “Let’s ponder the most played out question of the last four years, but can you imagine if Obama had broken up a congressional stalemate over funding by simply signing an executive order and saying it was so? (jinx @pbump).”
This is particularly stupid for a number of reasons. First, in tagging her co-worker Phillip Bump, she showed she was quite proud of beating him to this declaration, that this sort of talk is common around the Post. Second, President Obama changed large sections of Obamacare with the stroke of his magic pen well within her lifetime. Third, if history didn’t start until Trump was elected, you’d at least think a reporter covering national politics for a major newspaper would be aware of the legal challenges to the DACA program, especially since the Supreme Court just ruled on it in June.
All of these escaped Itkowitz’s notice, somehow. When her ignorance was made apparent to her, she did what all good “journalists” would do – deleted the tweet and pretended it never happened.
Lest you think it’s just the younger media types who are ignorant of history, the senior citizen-set appears to have a memory rivaling Joe Biden’s as well.
New York Times columnist Maureen Dowd wrote a column titled “No Wrist Corsages, Please,” Saturday about how it’s been since 1984 that Democrats had a man and a woman on their presidential ticket. “It’s hard to fathom, but it has been 36 years since a man and a woman ran together on a Democratic Party ticket, writes @MaureenDowd,” the Times tweeted about a column Down had written proclaiming the same.
I understand why liberals would want to forget the 2016 election, and why everyone would like to forget Hillary Clinton, but you’d think someone in the multi-person editorial process that takes place before anything gets published by the Times would have a memory of it. (Not to mention ignoring the 2008 Republican “mixed-gender ticket.) You’d be wrong. The correction, “An earlier version of this column incorrectly stated the history of the Democratic ticket. It has been 36 years since a man chose a woman to run as his vice-president on the Democratic ticket, not 36 years since a man and a woman ran together on a Democratic Party ticket,” is one for the record books.
These are but three examples of ignorance of recent history from people working in a profession noted for the smugness of its practitioners.
Sadly, journalism is important. Unfortunately, we aren’t getting any. We’re getting self-righteous lectures from arrogant know-nothings who, whenever possible, ignore their mistakes, which uniformly go in one direction – against Republicans. Is it any wonder that 86 percent of the public in a recent survey said they find either “a great deal” (49 percent) or “a fair amount” (37 percent) of bias in media? They used to at least pretend to be honest.
Of course, when you operate in an ever-shrinking bubble of likeminded colleagues, you don’t even notice the problem. A new study found“Beltway journalism ‘may be even more insular than previously thought,’” which the authors say raises “‘additional concerns about vulnerability to groupthink and blind spots.’”
If there’s no one in your circle who knows any better, you’ll never think you’re wrong and not know when you’ve crossed a line. If everyone you know is polishing their resume in the hope of getting a job in a Biden administration, you’d better update yours too. If Joe loses, you can fill that hole in your heart with the awards you’ll be showered with for your biased, incorrect reporting. And you don’t have to worry about being haunted by thoughts of betraying the ideals of your profession since history starts all over again tomorrow.
U.S. newspapers collected millions from Beijing to publish propaganda
The New York Times quietly deleted hundreds of advertorials that the Chinese Communist Party paid to publish on its website.
A Times spokeswoman told the Washington Free Beacon that the move is a reflection of a decision to stop accepting ads from state-run media. “We made the decision at the beginning of this year to stop accepting branded content ads from state run media, which includes China Daily,” she said.
The Times‘s decision to end its partnership with China Daily is part of a society-wide reckoning about the cozy relationships between the Chinese government and American institutions, from the NBA to Harvard University. While the paper is responsible for some of the most gut-wrenching stories about Chinese government oppression, it has also run more than 200 propaganda articles in the last decade, some of which sugar-coated China’s human rights abuses. One 2019 video ad, for example, promoted Xinjiang tourism by depicting the oppressed Uyghur people as content under Chinese rule.
China Daily, an official mouthpiece of the Chinese Communist Party, has been purchasing advertorial spaces in the pages of mainstream U.S. media outlets for the last decade, using the space to disseminate Chinese propaganda to millions of unassuming Americans. In return, U.S. newspapers such as the Times, the Washington Post, and the Wall Street Journal received millions of dollars.
Rep. Jim Banks (R., Ind.), a member of Congress’s China Task Force who has spearheaded efforts to rein in the distribution of Chinese propaganda, applauded the Times for terminating its relationship with China Daily.
“The New York Times has done excellent, detailed reporting on the ongoing Communist Party atrocities in Xinjiang and around the world,” the congressman said. “That reporting has finally had an effect—at the New York Times—and it no longer supports covering up the CCP’s barbarity. I hope the other outlets follow suit and start putting American values over Communist bribes.”
After the Free Beacon found that China Daily failed to follow federal disclosure requirements about its relationship with U.S. media outlets, Banks and 34 other Congressional Republicans demanded a Justice Department probe into the outlet. Following the demand, China Daily submitted a revised disclosure of its U.S. activities since 2016, revealing previously undisclosed details about its ties with U.S. media organs.
The new disclosure revealed that the Post and the Journal each received more than $100,000 per month to run print versions of Chinese propaganda articles. The Times received $50,000 in 2018 to place the propaganda on its website, presumably a small fraction of the revenue it made selling print space to China Daily. The new disclosures also showed that China Daily paid hundreds of thousands of dollars to the Los Angeles Times, the Chicago Tribune, the Houston Chronicle, and other large regional newspapers to print copies of the China Daily for local distribution.
A Post spokesman told the Free Beacon that the outlet has not published any China Daily advertorials since 2019 but did not clarify whether the Post formally terminated its relationship with the propaganda outlet.
Yaqiu Wang, a researcher at Human Rights Watch, urged other U.S. media outlets to follow the Times‘s example and end their relationships with Chinese state media. “If you care about the truth, then don’t participate in the Chinese government’s machinery of propaganda, censorship and repression,” she said.
The New York Times continues to shake up its editorial page after the resignation of James Bennet, the opinion editor who angered many of his former colleagues by publishing an op-ed written by a Republican.
In addition to hiring Charlotte Greensit, former managing editor at the Intercept, the Times announced the promotion of Talmon Smith to the position of staff editor. Smith, who has previously written for Salon, the New Republic, and HuffPost, has a history of what some would describe as blatant partisan bias on social media.
“All I want for Christmas is impeachment,” Smith wrote in November 2017. That was before he started working for the Times, which maintains a strict social media policy under which its journalists “must not express partisan opinions [or] promote political views.” The Times demoted a deputy editor for suggesting on Twitter that big cities (Minneapolis, Atlanta) are not representative of the broader regions (Midwest, Deep South) in which they reside.
Smith even criticized the Times in 2017 for a headline suggesting Trump had a chance to “unify” the country in the wake of Hurricane Harvey. He has also dabbled in failed punditry, asserting in 2018 that former vice president Joe Biden “has an approximate zero percent chance of winning a 2020 primary.”
Smith’s promotion comes as professional newsrooms, and the ornately educated liberal youths who populate them, debate the merits of objectivity in journalism. Restrictive social media policies such as those at the Times have come under fire for limiting the ability of journalists to express their feelings about politically charged issues.
Some outlets, such as Axios, have responded by allowing their employees to take part in public protests. “We trust our colleagues to do the right thing, and stand firmly behind them should they decide to exercise their constitutional right to free speech,” Axios founder Jim VandeHei said in a statement.
That statement, and the willingness to allow journalists to take part in protests, appeared to conflict with the opinion VandeHei expressed in a 2018 column advising media outlets to “ban their reporters from doing anything on social media—especially Twitter—beyond sharing stories.” VandeHei argued that “snark, jokes and blatant opinion are showing your hand, and it always seems to be the left one. This makes it impossible to win back the skeptics.”
This view may be prevalent among media bosses, but it is increasingly under attack by younger journalists who consider their profession a form of political activism.
“What if we built a journalism where instead of judging a reporter’s ability to be fair and accurate based on their tweets, we instead judged them based on their journalism?” tweeted Pulitzer Prize-winning race journalist Wesley Lowery while promoting his widely disseminated (among elite journalists) piece on the media’s “Reckoning Over Objectivity, Led by Black Journalists.”
Smith’s tweets have become more subdued since joining the Times but continue to address controversial topics. For example, he retweeted more than one positive assessment of disgraced editor James Bennet’s humanity and suggested that liberals should stop shaming people for not social distancing following the mass protests in response to the police killing of George Floyd. Smith also tweeted in praise of Dave Chappelle, who some have criticized as anti-transgender, and said he “will happily take a memorial day [part] 2 based on white guilt,” in reference to the recent observance of Juneteenth.
The entire media industry is in the midst of a revolution of sorts. At the very least, it’s a hasty attempt on behalf of white industry leaders to express their opposition to racism and support for left-wing activism. It’s the new normal, for now.
Attorney General William Barr noted America’s slide toward despotism during remarks at the National Religious Convention in Nashville, Tennessee, Wednesday. He highlighted changes in three institutional “bulwarks” that have long preserved liberty: “religion, the decentralization of government power, and the free press.”
Most notable was Barr’s calling out of the “remarkably monolithic” press as a vehicle for pushing Americans toward a secular progressive program and a “soft despotism,” wherein everyone is converted “into 25-year-olds living in the government’s basement, focusing our energies on obtaining a larger allowance rather than getting a job and moving out.” Barr described this progressive dream as a use of the “public purse to … build a permanent constituency of supporters who are also dependents.”
Barr noted the press, having become less like objective journalists and more like political activists, maintains massive influence in directing public opinion to “mobilize a majority” toward progressive goals.
When the media becomes a viewpoint monolith, “Not only does it become easier for the press to mobilize a majority, but the mobilized majority becomes more powerful and overweening with the press as its ally,” Barr said. “This is not a positive cycle, and I think it is fair to say that it puts the press’ role as a breakwater for the tyranny of the majority in jeopardy.”
The relationship among journalists, politicians, and the American people has shifted since 2016 and the run-up to Donald Trump’s presidential election. The president has repeatedly referred to the press as the “enemy of the people” producing “fake news,” for which he has received much criticism. A September 2019 Gallup poll revealed only 41 percent of Americans have “a great deal” or “fair amount” of faith in the mass media. Public mistrust in the press cannot be attributed wholly to Trump, however. The media’s track record speaks for itself: blatant lies over the Russia collusion hoax, Trump’s impeachment, the Jussie Smollett hoax, the Covington Catholic high school students story, and grossly mischaracterized pro-life legislation, among countless other errors. The media has even mocked Trump supporters as “credulous boomer rube[s].”
The press wielding its power in such a way is consistent with the attorney general’s assessment of progressives, however. According to Barr, progressives prop up politics as religion, taking a no-holds-barred approach — including weaponization of the press — to achieve their desired goals, which are “earthly and urgent.”
Totalitarian democracy, says Barr, “requires an all-knowing elite to guide the masses toward their determined end, and that elite relies on whipping up mass enthusiasm to preserve its power and achieve its goals. … [It] is almost always secular and materialistic, and its adherents tend to treat politics as a substitute for religion. Their sacred mission is to use the coercive power of the state to remake man and society according to an abstract ideal of perfection. The virtue of any individual is defined by whether they are aligned with the program. Whatever means used are justified because, by definition, they will quicken the pace of mankind’s progress toward perfection.”
Barr’s Wednesday remarks are reminiscent of his November 2019 speechto the Federalist Society’s National Lawyers Convention, where he said, “[S]o-called progressives treat politics as their religion. … [T]here is no getting around the fact that this puts conservatives at a disadvantage when facing progressive holy war, especially when doing so under the weight of a hyper-partisan media.”
While CNN is now out of the case, Nicholas Sandmann’s lawsuit against the Washington Post and NBC continues, and soon there will be some new defendants, according to his lawyers.
One year after Nicholas Sandmann’s image went viral in one of the biggest mainstream media missteps of the decade, news broke on Tuesday that CNN had agreed to settle the teen’s defamation case.
Sandmann sued CNN, the Washington Post, and NBC last year in a Kentucky federal court, alleging the media powerhouses had defamed him by claiming he had blocked Native American activist Nathan Phillips from ascending the steps of the Washington monument, while he and his Covington Catholic High School classmates surrounded him and chanted “Build the Wall.”
A video snippet of the encounter between Phillips and Sandmann—then a 16-year-old high school junior participating in the annual March for Life protest at the capital—showed the young man in a MAGA hat standing toe-to-toe with Phillips. Without pausing to learn the truth, the media ran that image along with Phillips’ tale that as he started walking toward the moment, “groups of people started separating and separating and moving aside to allow me to move out of the way, or to proceed, this young feller put himself in front of me and wouldn’t move.”
However, a full-length video of the encounter later emerged, proving that Phillips had spun the tale: Contrary to Phillips’ telling, Sandmann had not “put himself in front of” the man and hadn’t blocked his way. Rather, Phillips had marched into the group of kids, who had been waiting for their school bus as directed.
But by the time Phillips’ story had been debunked, Sandmann had been doxed, with his name and image plastered across America as a symbol of bigotry. CNN alone, according to Sandmann’s complaint, made “no less than four false and defamatory television broadcasts, nine false and defamatory internet articles, and four false and defamatory tweets of and concerning Nicholas.”
Among other defamatory statements, Sandmann’s lawsuit pointed to CNN’s January 19, 2019, broadcast opener, “We are hearing from a Native American elder and Vietnam War veteran speaking to CNN after a disturbing viral video shows a group of teens harassing and mocking him in the nation’s capital.”
Sandmann highlighted another broadcast, later published online with the subtitle, “‘SHAMEFUL ACT—VIRAL VIDEO CAPTURES TEENS MOCKING NATIVE AMERICAN VETERAN,” that began, “You’ve probably seen it by now, the viral video sweeping the Internet of a mob of MAGA hat wearing high school students surrounding a Native American chanting and drumming in the nation’s capital at the Indigenous Peoples March.” CNN’s broadcast then added that Phillips and “others were harassed and taunted by students from Covington Catholic High School, a private all boys school in Kentucky.”
With these samplings of CNN’s reporting on the incident, it is no wonder that CNN quickly cut its losses and settled with Sandmann. The details of the settlement are unknown, and when asked about the payout for the teen, Sandmann’s Kentucky-based lawyer, Todd McMurtry had no comment. However, McMurtry told The Federalist, that “the outpouring of support in Northern Kentucky for the settlement with CNN has been overwhelming.”
The support spans more than Sandmann’s home state, with news of the settlement quickly filtering through social media. Conservatives celebrated CNN’s comeuppance, seeing the settlement as not just vindication of the young teen, but as a payback of sorts to the fake news they’ve seen peddled of late by the airport lounge-lizard.
While CNN is now out of the case, Sandmann’s lawsuit against the Washington Post and NBC continues, and soon there will be some new defendants, according to McMurtry. McMurtry told The Federalist his team will soon name Gannett, the owner of the Cincinnati Enquirer, as an additional defendant.
Sandmann’s lawyers are also considering claims against ABC, CBS, The Guardian, Huffington Post, NPR, and Slate, as well as several smaller media outlets. McMurtry noted that during Tuesday’s scheduling conference, Sandmann’s legal team assured the judge that additional defendants would be added in the next 30 – 40 days.
Which defendants Sandmann eventually pulls in will depend on several factors. First, the lawyers will focus on the defamatory statements presiding Judge William Bertelsman held were legally actionable. Those included statements that Sandmann had “blocked” Phillips and “wouldn’t allow Phillips to retreat,” and the assertion that Sandmann or the other students shouted “build that wall” at Phillips or the nearby Black Hebrew Israelites.
After determining which media outlets made or repeated those false statements, the question of personal jurisdiction arises. To sue in a federal court in Kentucky, the court must have “personal jurisdiction” or “power” over the defendants. Generally, speaking that requires the defendants to have “minimum contacts” with the state. For the larger media outlets, that standard is easily met, but questions abound when you consider online-media platforms or smaller outlets. Finally, Sandmann’s lawyers will likely do a cost-benefit-analysis to determine whether it is worth pulling in additional defendants.
On this last point, a unique area of Kentucky law creates some uncertainties. Kentucky is one of few “pure comparative fault” states. In a pure comparative fault state, the plaintiff’s recovery is reduced by his own fault, if any—not relevant to the Sandmann case—and damages are allocated to each defendant based on their relative fault. So, theoretically, if Sandmann’s damages totaled $300 million, each defendant would be liable proportionately to his fault. Some of the smaller media outlets’ responsibility might tally a mere 1 percent of the total culpability, making them not worth the effort to sue.
That is assuming Kentucky’s pure comparative fault statute, KRS 411.182, applies to defamation. It might not: Every false statement of fact impugning the young Sandmann might be considered its own separate wrong—like several separate car accidents, as opposed to a mass collusion.
Judge Bertelsman has not yet definitely decided how Kentucky’s pure comparative negligence law applies in Sandmann’s situation, but his attorneys appear to be playing it safe by looking to add any big players who peddled the same balderdash as CNN, the Washington Post, and NBC. Once all the parties are added, it will be time for the real fun—discovery—because that’s when we may see a glimpse of what the left-leaning media really thinks about conservatives.
The Marvel Cinematic Universe made its way to CNN last week. In a meme tweeted out by the Trump campaign, the character Thanos with the face of Donald Trump snaps his fingers and makes Democratic House leadership wisp away in black ashes. The apples and bananas (more bananas) network was aghast, devoting segment after segment to Thanos.
Meanwhile, a report was released that showed the federal government has been lying for decades about the Afghanistan War, but that didn’t get much coverage at all.
The fireworks began with Don Lemon left speechless by the meme on December 10th. Lemon seems genuinely devastated that a president made a joke about a comic book character.
Between December 11th and the 15th, CNN ran an additional four segments on Thanos totaling more than 8 minutes, sharing the segments widely on social media.
A couple of days later on her afternoon show, Brooke Baldwin had on Jim Starlin, the man who created the character of Thanos, to talk about how upset he was that the president had used his creation in the meme. At one point Baldwin, looking as serious as cancer, says to him, “Explain who Thanos is…” Starlin says he is a genocidal maniac, although as Federalist publisher Ben Domenech has pointed out, he could also be a considered a well-intentioned environmentalist who understands the grave dangers of overpopulation.
On the following day, CNN was still discussing this comic book joke, still horrified by it and now reporting about the “backlash” against it, which seems to exist almost entirely in cable newsrooms because no actual people care about it.
On December 9th, the Washington Post published the bombshell Afghanistan Papers showing that the Pentagon under both George W. Bush and Barack Obama consistently and persistently lied about progress in the Afghanistan War. The war has been waged now for 18 years. In the same five-day period CNN was obsessing over a Thanos meme, the outlet made only one oblique mention of the Afghan Papers.
For any legitimate news outlet this would be absolutely insane, but this is CNN we are talking about, so it makes perfect sense. First, the Afghan Papers don’t involve Trump, meaning they aren’t an opening to trash Trump, so why would CNN care about it? Perhaps more importantly, the papers do implicate the administration of CNN’s patron saint Barack Obama, who as we all know didn’t have a single scandal in his time in office and is the only man ever to be exactly six feet tall.
At a CNN event I covered about two months ago, its President Jeff Zucker was interviewed by its media critic Brian Stelter. Here’s what I wrote at the time: “Asked what he thought was the biggest thing CNN does wrong, Zucker had no answer. When Stelter provided one, namely that they use the term ‘Breaking News,’ too often, he begrudgingly agreed, but basically sloughed it off as something everyone does. That is how blameless he envisions the product he creates. The panel finished with Zucker explaining how important it is to the world that CNN be strong.”
I’d like to nominate obsessing over a meme while ignoring a major scandal involving the longest war in American history as something more wrong than using “Breaking News” too much. Once again, CNN has proven to be a quality source for all the news that fits the narrative and none of the news that doesn’t.