About the Dominion lawsuit against Faux News

The most recent burp from Faux lawsuitlandia is comments by the owner Rupert Murdoch. He knew Faux was broadcasting lies about the 2020 election. But given the near-impossibility of proving defamation in situations like this, it is not clear if Murdoch’s comments will make any difference. After Dominion released a redacted version of the 192 page lawsuit a few weeks ago, legal experts and commentators believed the case was a slam dunk win for Dominion. Now, some of the current commentary is more cautious. A WaPo analysis comments: 

As The Post and other news outlets have reported, Fox Corp. patriarch Rupert Murdoch admitted in a deposition that Fox News hosts “were endorsing” lies that the 2020 presidential election was stolen from President Donald Trump. “Not Fox,” Murdoch testified on the media outlet he founded. “But maybe Lou Dobbs, maybe Maria [Bartiromo], as commentators.” He conceded similar activity by host Jeanine Pirro and “a bit” by host Sean Hannity.

Murdoch’s comments are 1) true, as anyone who watched Fox News after the election can attest; 2) scandalous, considering that Murdoch could well have acted to stop such atrocities; and 3) likely to have a marginal impact on Dominion Voting Systems’ defamation lawsuit against Fox News.

U.S. defamation law requires a lot more than an embarrassing post hoc admission by a network mogul.

to prevail in court, Dominion needs to prove that Fox News proceeded with actual malice, meaning that Fox knew the falsity of statements it was broadcasting or made them with reckless disregard of their truth. And those requirements aren’t the only hurdles. Per the 1964 case New York Times v. Sullivan — which instituted the legal standard of “actual malice” — a plaintiff like Dominion must bring "home” the evidence, linking the required state of mind to the people responsible for the challenged statements.

It’s an arduous legal undertaking. In a mid-February filing, Dominion devotes more than 70 pages to the considerations needed to establish actual malice. .... A separate section explores the of role of executives and producers responsible for various Fox News programs, rummaging through their states of mind during allegedly defamatory broadcasts.

In its own filing Monday, Fox News argues that Dominion’s approach to imputing “actual malice” bears little relation to legal standards. “Dominion tries to distract from its evidentiary deficiencies by cherrypicking anything it can find from any corner of the Fox News organization that shows that anyone at Fox News doubted or disbelieved the President’s allegations,” reads the brief. “From there, it posits that ‘Fox’ writ large—not the specific person(s) at Fox News responsible for each statement—‘knew’ that that specific statement was false.”

The analysis goes on to point out that Faux is arguing that Dominion tried to establish that 16 specific employees had skeptical views about stolen election claims but failed to identify anyone who was responsible for making the statements. In essence, what Faux is arguing is (i) no executive in the Faux corporation was responsible for defamation, and (ii) executives’ state of mind is irrelevant if they weren’t personally involved in the allegedly defamatory broadcasts. 

I do not know if the Faux defense tactic is a red herring diversion for the point that defamatory statements were knowingly made on air by program hosts, not by executives. The show hosts certainly had plenty of malice in them when they asserted their lies on air. So why focus on the executives? One expert suggested there is no court decision on whether the executives’ state of mind is relevant. I presume that Faux has hired about the best lawyers that money can buy. Maybe they can make it relevant.

Maybe this legal tactic of proving intent in the minds of executives will allow Faux to weasel off the hook. I firmly believe that Dominion was defamed by knowing Faux lies, but that is just a non-binding personal opinion. I just do not know how this lawsuit will play out where it counts, i.e., in court.

News chunks: The radical right fights for climate change; Christian nationalism in the Democratic Party

Core radical right dogma is to promote carbon pollution and climate change by denying that carbon pollution and climate change are significant issues. The NYT writes on the ongoing radical right war for more CO2 in the air and increased climate change:

The business world has been pulled into partisan politics, with Republicans bringing their battle against socially conscious investing to Congress

It’s been a widely accepted trend in financial circles for nearly two decades. But suddenly, Republicans have launched an assault on a philosophy that says that companies should be concerned with not just profits but also how their businesses affect the environment and society.

The rancor escalated on Tuesday as Republicans in Congress used their new majority in the House to vote by a margin of 216 to 204 to repeal a Department of Labor rule that allows retirement funds to consider climate change and other factors when choosing companies in which to invest. In the Senate, Republicans are lining up behind a similar effort and have been joined by Senator Joe Manchin III, Democrat of West Virginia.

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Deranged Democrats: The NYT writes on the crackpottery that Christianity can inspire in some people:

Mayor Eric Adams also suggested that banning organized public school prayer was a mistake, saying, “When we took prayers out of schools, guns came into schools.”

The mayor’s closest aide, Ingrid Lewis-Martin, took the stage to declare that the Adams administration “doesn’t believe” in the separation of church and state, characterizing the mayor of New York City as “definitely one of the chosen” as she introduced him.

Mr. Adams clearly had no issue with how Ms. Lewis-Martin, a chaplain, described his views.

“Ingrid was so right,” Mr. Adams said, to the astonishment of some of the religious leaders who filled the New York Public Library’s glass-domed reception hall on Fifth Avenue. “Don’t tell me about no separation of church and state. State is the body. Church is the heart. You take the heart out of the body, the body dies.”

Adams is one of God’s chosen? Pushing prayed out of schools brought guns in? The church is the heart of the body? Wow! Crackpot Christian nationalism theocracy and the “reasoning” it inspires is starting to poison the left. Or, maybe Adams is a radical right conservative?

Qs: Once the Republican Party fell to radical Christian nationalism, was the same poisoning of the Democratic Party inevitable? 

Is it time to revoke tax privileges for pro-theocratic dictatorship religion?

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Israeli democracy is coming to a vicious, bloody end: NYT columnist Thomas Friedman writes in an opinion piece:

Israel today is a boiler with way, way too much steam building up inside, and the bolts are about to fly off in all directions.

Lethal attacks by Palestinian youths against Israelis are coinciding with an expansion of Israeli settlements and the torching of Palestinian villages by settlers, as well as with a popular uprising against Prime Minister Benjamin Netanyahu’s judicial power grab. Together they are threatening a breakdown in governance the likes of which we’ve never seen before in Israel.

It is a measure of how serious the situation has become that several former chiefs of the Mossad — some of the most respected public servants in the country — have denounced Netanyahu’s judicial putsch, most recently Danny Yatom. He told Israel Channel 13 News on Saturday night, according to Haaretz, that if Netanyahu continues with his plans to effectively eliminate the independence of Israel’s high court, fighter pilots and special forces operatives will be able to legitimately disobey the orders that come from the government.

They “signed an agreement with a democratic country,” said Yatom. “But the moment that, God forbid, the country becomes a dictatorship” and they receive “an order from an illegitimate government, then I believe it would be legitimate to disobey it.”

This is not idle speculation. In the past few days, some 250 officers from the Military Intelligence’s Special Operations Division have signed a public letter stating that “they would stop showing up for duty” should the government proceed with its autocratic judicial overhaul, The Times of Israel reported. They added their voices to “groups of pilots, tankists, submariners, sailors and other special forces who have penned similar letters.”  

Israel has never experienced a Palestinian intifada, a Jewish settler intifada and an Israeli citizen judicial intifada all at once. But that’s begun to unfold since Netanyahu’s far-right government took office.

The state of democracy in America and elsewhere

It really does look like we are at the end of a golden period of democracy. Demagogic authoritarians, mostly radical right extremists, are openly attacking democracy and the institutions that support it. With the collapse of the Republican Party into a demagogic authoritarian radical right party, the US is no longer capable of effectively defending democracy in the US or anywhere else. Dictator wannabes everywhere smell and see the blood in the water. The dictators know exactly what they are doing, how to do it and are moving in for the final kill.

From the looks of things, it feels like we will probably see (~75% chance?) the end of democracy in the US within about 9-10 years. What Viktor Orban did to democracy in Hungary, the Republican Party wants to do to democracy here. With the radicalized Christian nationalist Supreme Court on its side, anti-democracy radical right power and wealth accumulators seem set to Orban* American democracy to death.  

* Orban used as a verb

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Child labor! The capitalists love it!! Double MAGA!!: The NYT writes:

Alone and Exploited, Migrant Children Work Brutal Jobs Across the U.S.

Arriving in record numbers, they’re ending up in dangerous jobs that violate child labor laws — including in factories that make products for well-known brands like Cheetos and Fruit of the Loom

It was almost midnight in Grand Rapids, Mich., but inside the factory everything was bright. A conveyor belt carried bags of Cheerios past a cluster of young workers. One was 15-year-old Carolina Yoc, who came to the United States on her own last year to live with a relative she had never met.

About every 10 seconds, she stuffed a sealed plastic bag of cereal into a passing yellow carton. It could be dangerous work, with fast-moving pulleys and gears that had torn off fingers and ripped open a woman’s scalp.

The factory was full of underage workers like Carolina, who had crossed the Southern border by themselves and were now spending late hours bent over hazardous machinery, in violation of child labor laws. At nearby plants, other children were tending giant ovens to make Chewy and Nature Valley granola bars and packing bags of Lucky Charms and Cheetos — all of them working for the processing giant Hearthside Food Solutions, which would ship these products around the country.

I could not figure it out. Now the recent spate of articles about states wanting to mostly get rid of child labor laws makes sense. It’s not mom and pop operations looking to have the kids help out on the family farm or small business. It’s huge, soulless corporations looking for cheap labor to exploit and rip off.

Let’s give out a HUZZAH! and a double MAGA!! for capitalism. And, boycott Chewy, Nature Valley granola bars, Lucky Charms and Cheetos!

Q: Can anyone see why a lot of capitalists would tend to would have a preference for the anti-regulation, anti-corporate taxes, pro-climate change Republican Party compared to the socialist, pedophile, lizard people Democratic Party?

Note: We can all rest assured that things are not nearly as nasty as they seem. The corporate giants will fire up their “Public Relations” machinery (professional liars and spinners) and tell us they do not use illegal child labor and there are plenty of potty breaks for all their happy workers at the Wonka Chocolate Factory, Inc.

Tales from the Crypt: Issue #1

CONTEXT

I sense fatigue with posts that keep bashing the GOP, Christian nationalism and brass knuckles capitalism. So, I'll occasionally post a bit or two from radical right websites to convey the flavor and aroma that drives the radical right’s ruthless push to make America a corrupt, brutal, immoral tyranny-theocracy again. These crypt tales are intended to give us glimpses of what the radical right sees, says, thinks and believes.

From the Crypt: Useless vaccines and sanctions

This bit of darkness comes from the American Thinker, which is one of the more hard edged sites out there. It banned me back in 2016 before Trump and the GOP stole the election from voters and the constitution. 

This screed provides the public with a twofer gut punch to inconvenient truth and good faith rhetoric. Not only have COVID vaccines allegedly been useless, but so have Russian sanctions. The AT writes:

Russian Sanctions Have Proved as Useless as COVID Vaccines

 

In teasing an imminent re-election announcement from President Braindead, pretend medical doctor Jill Biden recently bragged that her husband had "brought us out of the chaos." Brought us out of the chaos? Both inflation and illegal immigration are out of control, Americans' financial security is in tatters, forced "vaccinations" did nothing to curb COVID, and we're closer to WWIII than ever before. If this is Slow Joe's idea of "smooth sailing," then nuclear Armageddon is nothing but "a bit of a rough patch."

Just what do Jill and her Marxist mavens smoke that so twists their noggins into thinking that the nation is in better shape since they took control of D.C. behind barbed-wire fences, sandbag barricades, and military troops? Under President Trump — the guy they call "chaos" — the economy was roaring, America was energy independent, blue-collar jobs were returning, a border wall was being built, the U.S. was maneuvering around China to engage North Korea directly, Russia was not invading foreign territories, historic peace between Israel and her Muslim neighbors was breaking out, and the White House had refrained from starting any new wars. The years between Trump's inauguration and the release of the "Chinese Flu" biological weapon were the most prosperous and tranquil in quite some time — unless you felt perpetually "triggered" by truthful "mean tweets."  

.... long screed full of lies, slanders, hypocrisy, crackpottery, hate, rage, etc. ....

If Biden's COVID policies have broken the U.S. Constitution, his Russia policies have helped break the world. That's an awful lot of destruction for a confused man who struggles to form sentences, control his temper, or remember names.

Here's a couple of comments:

I can tell you why they think they are succeeding. The whole point of Progressive/Marxism is to destroy America. That's their goal and they are doing it. Don't be delusional about who we are dealing with or think there's some way we can work through this by discussing it rationally.

Reply

Share

30

This entire administration, is based upon a Cloward-Piven strategy, which is all about creating chaos, in order to achieve their goals. Our southern border is a prime example of this.

Reply

Share

10

Well, that was refreshing. Gotta take a shower now.  

Q: Is it useful to get occasional exposure to the flavor and aroma of what the radical right sees, says, thinks and believes, or do we already know and don't need the darkness?

News bits: Funding the CFBP; Update on the Christian war against transgender people

The Supreme Court is considering a case about the constitutionality of how the CFPB (Consumer Finance Protection Bureau) is funded. The constitution’s appropriation clause says this: 

Article I, Section 9, Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; ....

The radical right 5th Circuit federal appeals court held that the funding mechanism for the CFPB violated the Constitution because it receives funding through the Federal Reserve, rather than appropriations legislation passed by Congress as the radical right argues is required by law.

This case is important because if the Supreme Court sides with the 5th Circuit (~75% chance IMO), not only will the CFPB and its protections for consumers disappear, other federal programs could follow because they are funded about the same way as the CFPB. 

What other programs? Medicare, social security, some other federal financial regulatory agencies, the entire Federal Reserve and some others. That would blow a gigantic hole in the entire safety net and regulatory schemes that have protected consumers for decades.

Just a reminder, the radical right Republican Party and radical right brass knuckles capitalists hate consumer protections, civil liberties, labor protections, safety net spending and the federal government generally. Winning this case would constitute a gigantic step forward for corrupt radical authoritarians.

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Christian nationalists hate transgender people: The WaPo writes about radical right attacks on trans kids in Missouri:

“Daddy, do you think God could make me over again as a boy?”

Rabbi Daniel Bogard had just finished reading a story to his 6-year-old twin daughters one evening in 2019 when the older one by 15 seconds asked that question. Bogard wasn’t sure what to say, so he tucked them into bed, kissed them good night and left.

As the months passed, and the child began asking people to use “boy words” to refer to him, cropping his hair short and joining the boys’ soccer team, the change just seemed to make sense. Friends, family and schoolmates accepted him as a boy, and he flourished.

.... this fateful moment three years later .... the rabbi worried what might lie ahead. Bills “to protect children,” as some Republicans described their measures restricting gender-affirming health care and limiting how schools treat gender identity, have become this year’s rallying cry in this state and elsewhere.

“Our state is at war with our family,” Bogard said. “It’s not an exaggeration that we are up at night talking about when and how far we might have to flee.”

Over 30 bills are that target transgender and non-heterosexual people are pending in the radical right Missouri legislature. The radicals have a supermajority, so there is nothing to stop all of those bills from passing. The scariest bills make it child abuse to support children and teens seeking medical treatment to help them transition to their preferred gender. There are criminal penalties for providers and possibly parents. Similar bills are pending in 11 other states.

Looks like the Bogards are going to have to leave God’s loving embrace. They need some place where God doesn’t hate and punish chosen innocent children and their parents. At least 12 states similarly hate and target transgendered people, so they probably aren’t suitable.

Qs: Has American Christianity become more harmful than beneficial to (1) society, (2) government, and (3) democracy with civil liberties?

Radical right Christian nationalists praying

in 2015 to keep rampaging, raping transgendered  

men out of the lady’s bathroom

2017 data

Is that true everywhere, just some places, 

or no places?

WTF? COPYPASTA? IS this thing for real??

 OK OK, it is bad enough we have to sift through fake news, biased news, partisan news, but now Pasta isn't even sacred?

YEESH!!

16 Misleading (or False) Examples of 'Copypasta' Messages

This type of post asks people to copy, paste and share text — and doesn't always relay the truth.

We often receive emails asking us to fact-check "copypasta" messages going viral online. These are claims that spread by being copied and pasted on Facebook or other social media platforms, and don't always contain facts.

Often, these copypastas will ask to pass along information that otherwise you wouldn't know, or claim to have a solution to a worrisome issue. Ultimately, though, the messages have no other goal than to trick or embarrass the people sharing them.

Here are 16 misleading — or outright false — copypasta messages that have spread across social media since 2020, capturing the attention of Snopes' fact-checkers.

THE LIST HERE:

https://www.snopes.com/list/copypasta-snopes-false-misleading/

AN EXAMPLE:

1

One copypasta falsely claimed Kamala Harris was a "marxist by association."

Before the inauguration of U.S. President Joe Biden and Vice President Kamala Harris in January 2021, a popular copypasta alleged she had "Close Ties with Marxists, Communists, Maoists, and Socialists." The false assertion drew on "guilt by association," a logical fallacy that casts people in a negative light by associating them with others considered to have done something wrong. (You can read the full story here.)

News bits: Private sector eminent domain; Voting rights remain under attack; etc.

Ruthless, cruel capitalism: Real estate investors have discovered a new form of eminent domain to force people out of their condominiums. This is important because in recent years investors have been buying an increasing portion of residential properties and then jacking prices up.

The method is fairly simple. Investors buy condos, then takes over the condo board. The board then terminates the condo legal status, changes the rules making it easier to force people out. Then the investor-backed board votes to force people out and screws them in the process by forcing them to accept a price well under market. This is brass knuckles capitalism in action. It is 100% legal. The NYT writes:

An investor-owner took over a condo board, terminated a condo declaration and is now requiring a couple to sell their condo in what one expert called “a private form of eminent domain.”

This puts the Fellmans in a situation that many condo owners are facing: a forced sale. “After that, they basically said, ‘you’re out,’” said Ms. Fellman, 50. “It’s one thing if your property’s being taken for public good. But this is strictly for a private investor’s profit. And it’s like, why does their investment have more value and power than us?”

Mr. Fellman said that the investor, the Pennsylvania-based Scully Company, never gave him a formal offer before the forced termination plan was filed. ....  Since it owned all the other units, it was able to take over majority control of the condo board, and it voted to lower the threshold of owners required to terminate down to 80 percent. Then, in February 2021, the Scully Company voted to terminate the condominium, which meant the Fellmans would be legally obligated to sell their unit to the company.

The appraiser the company hired assessed the Fellmans’ unit at $200,000. But its Zestimate — Zillow’s home value estimate tool which takes into account square footage, location and market trends, among other factors — gives the Fellmans’ condo an approximate worth of $323,500.

There you have it. Brass knuckles capitalism forced the Fellmans out of their home and screwed them by making them accept about $123,500 less than it was worth. That is unregulated capitalism in action. The consumer gets shafted, but capitalists love it. 

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Regarding the radical right Republican Supreme Court’s war on elections and voting rights: NPR writes:

The roots of the next potential U.S. Supreme Court showdown that could further weaken the Voting Rights Act's protections against racial discrimination can be traced to a handful sentences by Justice Neil Gorsuch. This is what Gorsuch wrote in a 2021 Supreme Court case called Brnovich v. Democratic National Committee:

JUSTICE GORSUCH, with whom JUSTICE THOMAS joins, concurring. 

I join the Court’s opinion in full, but flag one thing it does not decide. Our cases have assumed—without deciding— that the Voting Rights Act of 1965 furnishes an implied cause of action under §2. See Mobile v. Bolden, 446 U. S. 55, 60, and n. 8 (1980) (plurality opinion). Lower courts have treated this as an open question. E.g., Washington v. Finlay, 664 F. 2d 913, 926 (CA4 1981). Because no party argues that the plaintiffs lack a cause of action here, and because the existence (or not) of a cause of action does not go to a court’s subject-matter jurisdiction, see Reyes Mata v. Lynch, 576 U. S. 143, 150 (2015), this Court need not and does not address that issue today.

For decades, private individuals and groups, who did not represent the federal government, have filed the majority of Section 2 lawsuits that have stopped state and local governments from minimizing the political power of people of color through the redrawing of voting maps and other steps in the elections process.

But that longstanding practice may be coming to an end.

Gorsuch's paragraph of a concurring opinion, which was joined by Justice Clarence Thomas, planted the seeds for an unusual argument that has emerged in an Arkansas redistricting case — that private individuals are not allowed to bring Section 2 lawsuits. And the case may soon find its way before the country's highest court.

This will gut another section of the 1965 Voting Rights Act. Republicans have hated and chafed under that law ever since it was passed. Gutting voting rights is what authoritarian Republicans mean when they talk about “election integrity.” It means elections rigged so that Republicans win and Democrats lose. 

For context, in a 2013 decision in the case Shelby County v. Holder, the Supreme Court gutted enforcement provisions. Chief Justice Roberts claimed that the situation had changed and red states no longer cheated in elections. That case held that it is unconstitutional to use the coverage formula in Section 4(b) of the Voting Rights Act to determine which jurisdictions are subject to the preclearance requirement of Section 5 of the Voting Rights Act. Roberts lied, plain and simple. That decision empowered and unleashed the current state of laws designed to subvert and win elections for Republicans in red states. 

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Regarding the radical right Republican Christian nationalism’s war on non-heterosexual rights and free speech: A central dogma of Christian nationalism (CN) is seething hate and condemnation of non-heterosexual people. Non-heterosexual sex is sin. An enraged, vengeful Christian God hates sex sin. The CN movement openly wants to oppress and discriminate against non-heterosexuals and other hated groups. Another dogma target is inconvenient fact, true truth and sound reasoning. LGBTQ Nation writes about a twofer that is being offered up by the radical right CN movement to whack the evil sex sinners and inconvenient free speech:

A Florida Republican introduced a bill that would make it easier for religious people to sue those who call them out as homophobic or transphobic, a bill built on a suggestion from Gov. Ron DeSantis (R).

State Rep. Alex Andrade (R) filed H.B. 991 on Tuesday. The bill would make it easier to sue journalists, publications, or social media users for defamation if they accuse someone of racism, sexism, homophobia, or transphobia. The bill specifically says that publications can’t use truth as a defense when it comes to reporting on people’s anti-LGBTQ+ sentiments by citing the person’s “constitutionally protected religious expression or beliefs” or “a plaintiff’s scientific beliefs.”

Transgender Harvard Law School’s Cyberlaw Clinic instructor Alejandra Caraballo called the bill “absolutely chilling.”

“If someone calls you a faggot or tranny and you say they discriminated against you, they can now sue you for at least $35k and cite their religious beliefs,” she noted on Twitter. “This would apply to the internet as well. This would empower bigots to target the LGBTQ community with impunity.”

“This applies to the internet as well so if the person is in Florida, you could be liable even if you have never stepped foot in Florida.”  

Under current law, someone suing for defamation has to prove that the defamation hurt their reputation, but H.B. 991 would make it so that statements “that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity constitutes defamation per se.”

Is it just me, or is there an endless supply of radical right authoritarian cranks and crackpots operating in Florida? I guess this means that DeSantis is running for president in 2024. This affords another glimpse of what the radical right would do to democracy and civil liberties if the authoritarians ever get enough power. Of course, that assumes the radical right CN already does not have enough power, i.e., think of the radical right, CN Supreme Court.