Tag Stephen Colbert

This is EXACTLY what the First Amendment protects us from

Pat Ryan Leave a comment

In the dark reality of the second Trump Administration and its near-daily attacks on the legal and Constitutional protections of the American way of life, I’ve resolved not to be that guy with the kneejerk rapid response to every “outrageous” action dreamed up by the Christian nationalist lawyers who plan and execute TFG’s official agenda.  Because if I did, there wouldn’t be enough time left in the day for sleeping late or watching TV, for playing golf or doing any of the things I like to do; sounding the warning about you know who is a thing I am increasingly uninspired about.  I figure, those who know the threat already know; those who know and don’t care aren’t listening anyway; the rest can’t read, I guess.

But our government blatantly violated the First Amendment to the Constitution yesterday, and I felt the need to say something even though others have and will say this, but I want to say it too.

Since the Bill of Rights was ratified December 15, 1791, my favorite Constitutional amendment has protected our basic freedoms: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”  When it comes to free speech, what it means is that we can say we want (within some limits) without censorship by the government.  It doesn’t mean that your boss or your church or your spouse can’t punish you for what you say, or that your friends can’t ostracize you from the group chat or not invite you to the neighborhood barbecue; it means you have “the right to articulate opinions and ideas without interference, retaliation or punishment from the government.”  As explained in an article by the Ronald Reagan Presidential Library, freedom of speech

…has long since been interpreted by the Supreme Court to mean that all American speech can not be infringed upon by any branch or section of the federal, state, or local governments. Private organizations however, such as businesses, colleges, and religious groups, are not bound by the same Constitutional obligation. The First Amendment experienced a surge in support and expansion in the 20th century, as Gitlow v. New York (1925) determined that the freedoms promised in it are applicable to local, state, and the federal governments. Further, subsequent Supreme Court decisions from the 20th century to the early-21st century have determined that the First Amendment protects more recent and advanced forms of art and communication, including radio, film, television, video games, and the Internet. Presently, the few forms of expression that have little to no First Amendment protection include commercial advertising, defamation, obscenity, and interpersonal threats to life and limb.

Yesterday we all learned that the ABC television network, a division of the Walt Disney Company, announced an indefinite suspension of “Jimmy Kimmel Live!”  That decision was announced after Nexstar Media Group announced it would preempt Kimmel on the 23 ABC-affiliated stations it owns due to comments Kimmel made “concerning the killing of Charlie Kirk”.  Nexstar owns and/or operates more than 200 local TV stations across the country, and it has every right to decide which programs it will air and which it will not.  As the possessor of a government license to operate a broadcast outlet, it actually has a responsibility to do that.  Whether or not you or I agree with Nexstar’s stated reason for deciding to pull Kimmel, that decision is entirely within the law and does not violate anyone’s First Amendment rights.  And if ABC pulled the show from the network as a means to try to placate a large business partner, that’s perfectly legal, too.  A little cowardly, maybe, but not illegal.

Now, just as background, be aware that both Nexstar and Disney are in line to get government approval for separate planned deals: Disney’s ESPN is trying to acquire the NFL Network, and Nexstar still needs final approval to buy Tegna, which owns 64 stations in 51 markets across the country.  Hmm, seems familiar: Paramount, which owns CBS, was awaiting government approval on a merger…then it settled a meritless $20 BILLION suit filed against it by Trump (for $16 million) and that led to the “big fat bribe” comment on “The Late Show with Stephen Colbert,” and then CBS cancelled Colbert (ten months in the future).  Paramount received the merger approval three weeks later.  But back to our current story.

You see, before Nexstar made its announcement yesterday and before ABC then followed up with its announcement, the chairman of the Federal Communications Commission appeared on a podcast and criticized Kimmel’s comments.  That’s cool.   Brendan Carr said the FCC “has a strong case for holding Kimmel, ABC and network parent Walt Disney Co. accountable for spreading misinformation.”  Uh, I guess that’s OK if he means the agency responsible for regulating the use of public airwaves won’t permit the misuse of that shared resource.  But then Carr said “We can do this the easy way or the hard way. These companies can find ways to take action on Kimmel or there is going to be additional work for the FCC ahead.”

That doesn’t sound very much like the government threatening a business over its exercise of free speech, does it?  Take care of it…or else. ( Hey, nice network ya got there; be a shame if anything happened to it.)

The point of free speech is that you can say what you want and not face “intimidation, retaliation or punishment” from the government.  Like, say, the FCC chairman (a Trump sycophant) threatening the licenses of ABC affiliates who air Kimmel because he (and Trump) don’t like what Kimmel says.

FCC Commissioner Anna Gomez criticized the administration for “using the weight of government power to suppress lawful expression” in a post on X.

“Another media outlet withered under government pressure, ensuring that the administration will continue to extort and exact retribution on broadcasters and publishers who criticize it,” said Ari Cohn, lead counsel for tech policy at the Foundation for Individual Rights and Expression. “We cannot be a country where late-night talk show hosts serve at the pleasure of the president.”

Like, the president who said “as he flew home on Air Force One on Thursday…networks that give him bad publicity should “maybe” have their licenses taken away. (The FCC regulates local TV station licenses, not networks.)”  Proving beyond all question that he really does not understand the role of the press in America.

Bill Carter, an editor-at-large at LateNighter who has spent 40-plus years covering late-night comedy and the television industry, said “nothing even remotely like it has ever happened before.” Calling the Trump administration’s recent actions an “affront to the Constitution,” Carter stressed the role previous late-night stars like Johnny Carson played in public discourse.

Carson “spoke comedy to power,” Carter said. “And that’s what late-night shows have done ever since.”

Other expressions of shock and anger rolled through the Hollywood Hills and Capitol Hill on Thursday, as concerns mounted about a new era of government censorship.

“This is beyond McCarthyism,” Christopher Anders, director of the Democracy and Technology Division for the American Civil Liberties Union, said in a statement. “Trump officials are repeatedly abusing their power to stop ideas they don’t like, deciding who can speak, write, and even joke. The Trump administration’s actions, paired with ABC’s capitulation, represent a grave threat to our First Amendment freedoms.”

“Jimmy Kimmel has been muzzled and taken off the air,” comedian Marc Maron said in an Instagram video posted early Thursday morning. “This is what authoritarianism looks like right now in this country … This is government censorship.”

“This isn’t right,” actor and director Ben Stiller wrote on X.

Damon Lindelof, the writer-producer of the hit TV show “Lost,” vowed to take action against ABC’s owner, Disney. “I can’t in good conscience work for the company that imposed [Kimmel’s suspension],” he said.

There are many more reactions in this story, including from that fun couple Barack Obama and Roseanne Barr.  Click the (gift) link above to read them all.

My point is, this action – a government official threatening government action against a company over speech he (claims he) finds offensive – is as stark an example as I can imagine of what the First Amendment does not allow.  And, it’s just the latest example of what seems to be a top goal of the thinnest-skinned man ever to be our president: to punish any and all who would dare criticize his any or every action. (Gift article, too)

Billionaires are accelerating their efforts to consolidate control over media platforms and the president is eager to help them do so, provided they shut down his critics. If they don’t, he threatens to use the levers of government — particularly those designed to remain independent — to financially punish them. None of this is secret; the brazenness is, at least partly, the point.

(snip)

The systematic effort to censor American media isn’t exactly subtle. The president has not disguised his intentions or his reasons. He has gone to some trouble to emphasize that he wants to control who’s on television and what they say. (And in newspapers too — in the past two months, he has filed lawsuits against the Wall Street Journal and the New York Times.) When Colbert’s “Late Night (sic) with Stephen Colbert” was canceled in July, Trump posted “It’s really good to see them go,” “and I hope I played a major part in it!”

For some valuable perspective on this big Constitutional issue, and the tiny-fisted tyrant at the center of the storm, I close with this:

David Letterman, the king of a previous generation of late-night TV hosts, spoke about Kimmel’s suspension at the Atlantic Festival in New York on Thursday. He said that as host of “Late Night With David Letterman,” he had mocked presidents across six administrations without fear of retribution.

We “attacked these men mercilessly,” Letterman told Atlantic editor Jeffrey Goldberg. “Beating up on these people, rightly or wrongly, accurately or perhaps inaccurately in the name of comedy, not once were we squeezed by anyone from any governmental agency, let alone the dreaded FCC.”

“The institution of the President of the United States ought to be bigger than a guy doing a talk show. You know, it just really ought to be bigger,” Letterman added. “By the way, I have heard from Jimmy. He was nice enough to text me this morning, and he’s sitting up in bed taking nourishment. He’s going to be fine.”

The story of the film so far

Pat Ryan Leave a comment

The top level news from Special Counsel Robert Mueller’s report to the attorney general on his investigation of Russian interference in the 2016 presidential election is important confirmation: the Russians did try to influence the outcome of our 2016 presidential election.  Based on Bill Barr’s summary of the report sent to Congress last Sunday, the only currently available report on the report’s contents (a source I choose to trust, as I trust the effort of Mueller’s team), we should now have no reasonable disagreement that Vladimir Putin’s government committed cyber war on our country, and that we should be doing something about it.  I know our president has belittled that notion in the past (disagreeing with the findings of our country’s intelligence community; not clear why), but if he’s going to accept the other conclusions from the Mueller investigation he’ll have a hard time disagreeing with this one by blaming the messenger.  (I say that despite Trump’s demonstrated disdain for anything approaching intellectual consistency, but still…)

Next up: Mueller does not find evidence to indicate that Trump or any of the people in his campaign intentionally or unintentionally worked with the Russians to influence the outcome of the election: “The investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.”  I find I agree with the analysis that this is good news…for everybody.  For Trump, certainly, in that it seems to clear him from being pursued criminally in that respect, reduces the chance of impeachment proceedings, and provides a political boost for his 2020 campaign.  But also for our country, in that we can take some solace in knowing that our president and his people did not conspire with a foreign government to seize power.  This was never a given, sadly, so it’s good to know now.

https://twitter.com/RealRBHJr/status/1109961534069981184

I also agree with the many who argue for the public release of Mueller’s complete report.  A shorthand argument: if the report “completely exonerates” Trump, as he insists it does, then we should all get to share the happy details.  A good longer version comes from David French in Sunday’s National Review:

The American people need full disclosure — and not just of the Mueller report itself. We need to see relevant FISA applications, supporting documents, classified testimony, and any other evidence relevant to not just the Mueller investigation itself but also to the inception of the Trump–Russia investigation. This conclusion is rendered even more urgent by two important political realities.

The first relates to the obstruction of justice. As Barr explains in his letter, the Mueller report neither accuses Trump of committing obstruction of justice in the course of the investigation, nor does it exonerate him [emphasis added]. Instead, the attorney general and deputy attorney general (both Trump appointees) examined the evidence and concluded that the evidence was “not sufficient” to conclude that the president obstructed justice. Democrats will trust this conclusion exactly as much as Republicans would trust a Democratic attorney general to evaluate the actions of a Democratic president.

(snip)

…nothing in Barr’s letter excuses the fact that Trump hired and surrounded himself with some of the worst people in politics — felons and liars who sometimes committed crimes in the ham-handed attempt to cover up their own contacts or attempted contacts with Russian assets or operatives. The president’s personal lawyer, his campaign chair, his longtime friend and adviser, and his first national-security adviser (among others) each engaged in patterns of deception that were not only criminal, they created real and genuine alarm in fair-minded Americans that at least some people in the president’s inner circle were more than willing to work with our enemies abroad to gain financial or political advantage here at home.

But these facts notwithstanding, there are still grounds for immense relief that America’s most recent presidential election has been (further) legitimized and that years of speculation about President Trump’s ties to the Russian government have proven unfounded. These last 30 months of investigations — beginning well before Mueller’s appointment — are among the most divisive and contentious events in modern political history. As we wait to read the full report and move into the inevitable battles over its contents, we can be sure that more division and contention await. Yet today, at least, we can be grateful for the good news we have, and it is good news indeed.

Mark Joseph Stern echoes French’s argument in the sense that full disclosure of the Mueller report is also necessary for analysts to determine if Barr’s quick assessment and summary of the results of the 22-month investigation were an improper effort to head off further action against the president who appointed him to the job.

Barr outlined one key finding unambiguously: The Trump campaign, he wrote, did not coordinate with the Russian government to influence the 2016 election. That conclusion will come as a great relief to the president and his supporters, if Mueller’s report is as clear-cut as Barr indicates. But the attorney general’s summary includes a second finding that is confusing and equivocal. Mueller, Barr wrote, left “unresolved” the question of whether Trump obstructed justice. He instead laid out “evidence of both sides” and allowed Barr, along with Deputy Attorney General Rod Rosenstein, to use those findings to determine whether the president committed obstruction. On the basis of this evidence and analysis—which we cannot yet evaluate—Barr and Rosenstein decided that Trump did not commit such an offense.

This portion of the summary will remain a puzzle until Mueller’s report is released to the public. But Barr provided a clue to his reasoning, by suggesting that he did not see evidence Trump hampered the Russia probe with “corrupt intent.” As former Acting Solicitor General Neal Katyal has noted, it is hard to understand how Barr, or Mueller, or anyone, could gauge Trump’s intent, because the president has not been interviewed about his intentions. Why not? We know at least one person vigorously opposed to compelling Trump to submit to an interview: Bill Barr, whose 2018 memo declared that Mueller could not legally do so.

The full report will be beneficial to Congressional committees, too, to the extent that they are resolved to pull their heads out of their asses and start providing checks and balances of the executive branch rather than being the president’s cheering section and public defender.

https://twitter.com/TheAtlantic/status/1109921343653531650

So we wait, for…who knows how long.  Barr has said he’s all about the transparency, the president says he doesn’t mind at all if the report is made public, but there’s no requirement in law that it ever be released to anyone other than the AG nor any mention of a time limit for so doing.  That’s given Dahlia Lithwick time to bemoan the fact that facts don’t, in fact, seem to matter…that this issue has already devolved into political posturing and stupidity without most of us ever seeing what Mueller did, in fact, report.

Someday, when we’re sitting around the electronic campfires we’ve lit to pretend-warm the huts in our Mars colonies, we will tell our grandchildren about whatever vestigial memories we have of facts. Perhaps we will be able to date their demise to the 46-ish hours between the announcement on Friday, March 22, 2019, that Robert Mueller had submitted his final report to Attorney General William Barr, and the letter Barr released on Sunday, March 24, 2019, which purported to summarize its contents and legal conclusions entirely.

In those 46 hours, there were exactly two facts known: that nobody else had been indicted by Mueller, and that Barr did not find any proposed action by Mueller to be “inappropriate or unwarranted.” That was, quite literally, all we knew. And into that void—that absence of facts—swept the spin. On Fox News, the declamation came forth that there had been an actual finding, of, what else, “no collusion.” Indeed, as Justin Peters noted, the television news station that exists exclusively to protect and defend the president’s preferred narrative declared, without basis in any publicly known or knowable fact, that it was “No Collusion Day!” While every other network was trying to parse out scenarios and future outcomes, and carefully explaining that nothing definitive had been shared with the public, conservative media and congressional Republicans were already claiming that the facts had been amassed, and assessed and released, and supported their cause. Were they clairvoyant? Did they have some insider information? No, they just had the special feeling they get at Fox: The facts are not material to the claim. In the absence of any knowable facts, Republicans declare victory and invent their own. In the absence of any knowable facts, Democrats declare defeat.

Still, you kinda feel like there’s so much more to know, so much more you want to know.  We need to know…

https://twitter.com/colbertlateshow/status/1110357198427713536

Resist, America!

Pat Ryan Leave a comment

Happy Birthday, you big ol’ wonderful U S of A, you!

db180701

Doonesbury Archive/Washington Post

More of the same, Mike.  It just keeps coming and coming, crazy outburst after incomprehensible decision.  An unprovoked trade war here, a cruel immigration enforcement policy there…how can we be expected to even keep up, much less resist?  It’s too hard, right?

Yes, it’s hard, but not too hard.  This isn’t over unless we let it be over.  (“Was it over when the Germans bombed Pearl Harbor?”)

America can’t throw up its hands and quit because our president lies to us, unconstitutionally profits off of holding the office, threatens our alliances all over the world, and shows no signs of changing his behavior.  There’s more and more of it every day, and it feels like we have no time to rest up from the onslaught from the White House, even a sliver of which would have been unimaginable before January 2017.  In Slate, Dahlia Lithwick used the occasion of the separation of immigrant families at the border last month to encourage us all to speak up and not let Trump’s treatment of America become normal.

That we are finding ourselves unable to process or act or organize because the large-scale daily horrors are escalating and the news is overpowering is perfectly understandable. But we need to understand that and acknowledge it and then refuse it any purchase. Because to be overwhelmed and to do nothing are a choice.

It’s a choice, and it’s also a luxury, because the asylum-seekers at the borders cannot afford to go numb. Female victims of domestic abuse who are coming to the United States to save their own lives cannot afford to go numb. Teen girls denied access to reproductive care do not have the luxury of going numb.

(snip)

There isn’t a lot we can control in the present time, but as any good counselor will tell you, we can absolutely control how we react to what’s going on around us. And this is the scene in the movie where even though you want to fall asleep in the snowdrift, you need to get up and walk around. If you decide to stop swimming and just drift for a while, you’re apt to wake up in a land you don’t recognize. Because “going numb” is the gateway drug to acceptance.

As David Frum wrote in January, reflecting back on the first year of Trump, “the unacceptable does not become more acceptable if it is accepted by increments.” It’s only easier to swallow and more apt to wear down our defenses. Don’t let other people tell you what to focus on. Choose for yourself. Sure, tune out that which makes you feel hopeless. But hold on to what motivates you to act. Find all the humans you can find who agree with you and make calls and register voters. Because if things continue on this way for people without funds, or with brown skin, or for women and children and the sick, there will come a time when we all have fewer choices. This is not yet that time. Get out of the snow bank, find the St. Bernard with the tiny flask of hope, and stomp around like democracy depends on it

You don’t have to be a member of Congress to fight back, although it sure might help if members of Congress started holding the president to account—that is part of their damn job.  We can all start by being careful in the language we use in talking and writing about what’s going on, and not lazily repeating the words Trump uses that make him seem stronger and more rational than he really is.  This is a spot where we all have to make an extra effort because the president has an advantage: our brains just naturally keep track of what is true and what is not, what makes sense and what’s just crazy talk, but he’s just spewing whatever he wants to be true at the moment he says it or Tweets it, with no effort at accuracy, or consistency, or even sensibility.  Lili Loofourow calls it a “linguistic emergency” and urges us to stop reinforcing his defenses.

Sidestep every attempt he and his allies make to equate treating people badly with being strong, because their efforts to link those concepts are working. Neutral outlets are defaulting to his language for what he does—he’s “cracking down” on unions! He’s taking a “hard line“ on the G-7! Driving “hard bargains”! These all position him as powerful, which he loves. The trouble is, it’s wrong. In practice, Trump’s positions slip and slide all over the place. He never got that “hard bargain” he allegedly drove (though he sure got credit for driving it). His deals fall through, his policy shifts depending on whomever he spoke to last. It would be the height of irony if the weakest president on record managed to rebrand himself as the strongman he so badly wants to be.

(snip)

A president’s lack of basic competence is worth accurately reporting on. And it must be reported on when there is nothing else of value worth reporting.

So why doesn’t this happen more? Two reasons: For one, I sense in much of the reporting on Trump a secret fear that maybe we’re missing something. He won, after all. And he keeps insisting that he’s strong despite all the evidence, so maybe there’s something we’re not seeing. This, as many have pointed out, is gaslighting. It’s why he always says he has a plan he won’t describe.

The second reason is that many news organizations still confuse neutrality with accuracy. Better to just report what he says and let the people decide, the thinking goes.

But that’s wrong. And that’s due to the power of language: Simply repeating his fantastical claims makes them seem less fantastical. What a president says usually matters a great deal. But because what Trump says usually bears no relation to the truth (or to what his own policies end up being) it therefore fails to inform the public, and is not worth repeating. He wants to propagate the story of a power he doesn’t have. We shouldn’t help him.

Jon Stewart made the same point, along with some others, when he visited his pal Stephen Colbert last week:

And remember, along with still having our votes to use this November, we in the resistance have one other advantage: unlike Trump, we have a sense of humor and can see the ridiculousness for what it is…all he has is a mirror.  Sad.

Tom the Dancing Bug for Jun 15, 2018 Comic Strip

 Tom the Dancing Bug at go.comics.com

Don’t let the facts get in the way of (your) truth

Pat Ryan 3 Comments

A old friend of mine—a friend from way way back, I mean; I’m actually older—recently published a nice piece in which he argues for all of us to expand the sources of news and information we regularly sample and to rediscover the ability and the inclination to think critically.  You can read it here, and when you get past the cows and the sharks (you’ll see) he makes a good point about how in today’s world our experience and exposure tend to drive most people into a set of beliefs that become impermeable to facts and reason.  Unfortunately.

Today I was looking through articles I’d saved to write about some day, and found one that relates to Joe’s post: from almost three years ago, Rex Huppke’s Chicago Tribune obituary for Facts.

To the shock of most sentient beings, Facts died Wednesday, April 18, after a long battle for relevancy with the 24-hour news cycle, blogs and the Internet. Though few expected Facts to pull out of its years-long downward spiral, the official cause of death was from injuries suffered last week when Florida Republican Rep. Allen West steadfastly declared that as many as 81 of his fellow members of the U.S. House of Representatives are communists.

(snip)

“It’s very depressing,” said Mary Poovey, a professor of English at New York University and author of “A History of the Modern Fact.” “I think the thing Americans ought to miss most about facts is the lack of agreement that there are facts. This means we will never reach consensus about anything. Tax policies, presidential candidates. We’ll never agree on anything.”

(snip)

Through the 19th and 20th centuries, Facts reached adulthood as the world underwent a shift toward proving things true through the principles of physics and mathematical modeling. There was respect for scientists as arbiters of the truth, and Facts itself reached the peak of its power.

But those halcyon days would not last.

People unable to understand how science works began to question Facts. And at the same time there was a rise in political partisanship and a growth in the number of media outlets that would disseminate information, rarely relying on feedback from Facts.

(snip)

Though weakened, Facts managed to persevere through the last two decades, despite historic setbacks that included President Bill Clinton’s affair with Monica Lewinsky, the justification for President George W. Bush’s decision to invade Iraq and the debate over President Barack Obama’s American citizenship.

(snip)

“American society has lost confidence that there’s a single alternative,” [Poovey] said. “Anybody can express an opinion on a blog or any other outlet and there’s no system of verification or double-checking, you just say whatever you want to and it gets magnified. It’s just kind of a bizarre world in which one person’s opinion counts as much as anybody else’s.”

Facts is survived by two brothers, Rumor and Innuendo, and a sister, Emphatic Assertion…

…and a not-so-distant cousin, Bald-Faced Lie, all of whom now appear regularly in the political “reality show” that passes for journalism on the 24-hour news networks.

(Relive the debut of “truthiness” right here.)

Truthiness

Pat Ryan Leave a comment

Today Stephen Colbert retires “Stephen Colbert.” Since October 2005 Colbert the comedian and satirist has launched “Colbert” the character on a mission to entertain us by shining a light on the hypocrisy and evil intentions of people who profit from pandering to a fear and ignorance in American society that refuses to wilt in the face of truth. In fact, he told us as much on the very first episode (click the pic):

ColbertTruthinessEver thought about what it must take for Colbert to stay in character, and to do it for so many years? This morning I ran across a nice little article that links to a Slate podcast in which Colbert explains—very interesting.