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COMMENTARY: Comcast vs Byron Allen Supreme Court hearing analysis

NNPA NEWSWIRE — “I’m not a lawyer, but it seemed clear to me that the Justices (Justice Ruth Bader Ginsburg was absent because, in the words of Chief John Roberts, she was “indisposed due to illness”) thought the issue was what the pleading standard for a §1981 claim should be, not at this point whether Comcast had racially discriminated against Byron Allen.” — Armstrong Williams

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Armstrong Williams is a conservative columnist. To find out more about Armstrong Williams and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

By Armstrong Williams, NNPA Newswire Contributor

I had the privilege to hear oral argument at the Supreme Court of the United States of America in Comcast v. National Association of African American-Owned Media. The case focused on one of the country’s oldest civil rights laws, the Civil Rights Act of 1866 (42 U.S.C. § 1981), and its ban on racial discrimination in contracts.

The case was brought by Entertainment Studios Network (ESN), a company owned by comedian Byron Allen, who is African American, and the National Association of African American-Owned Media. They maintained that Comcast’s decision not to carry ESN’s “lifestyle” television channels, including JusticeCentral.TV, Pets.TV and Recipe.TV, was due to racial discrimination and accordingly violated the § 1981 ban on racial discrimination in contracts.

The California district court dismissed ESN’s lawsuit, concluding that the complaint, which sought billions of dollars in damages, had not properly plead that Comcast’s refusal to carry ESN’s “lifestyles” channels was motivated by race, rather than by legitimate business reasons. The U.S. Court of Appeals for the 9th Circuit reversed, holding that ESN did not have to show “but for” causation – that is, “but for” Byron Allen’s race Comcast would not have turned down carriage of ESN’s channels. Instead, ESN only had to plead that race was one “motivating factor” in Comcast’s decision. Comcast then sought review by the Supreme Court, which agreed in June to hear the case.

Comcast argues that §1981 can only be interpreted as requiring “but for” causation. It argues that everyone must have “the same right” as white citizens “to make and enforce contracts.” If Comcast (or any defendant) would have made the same decision about whether to enter into a contract if the plaintiff had been white, then ESN (or any plaintiff) had the “same right” to enter into the contract. Comcast also assured the justices that there are other reasons, having nothing to do with race, why it decided not to carry ESN’s channels, such as a lack of bandwidth, and its decision to focus on news and sports channels. Moreover, Comcast notes it has for many years carried numerous other African American-owned networks.

ESN counters that Comcast’s position would prohibit a plaintiff “who alleges that race was a motivating factor for the refusal to contract” from conducting fact-finding discovery on the claim, “no matter how strong the evidence of racism unless the plaintiff could meet the stringent requirement of plausibly alleging that race was the but-for cause of the refusal to contract.” That, ESN reasonably insists, is an extremely high and difficult hurdle because “the defendant typically is the only party with access to evidence of the defendant’s motives.”

I’m not a lawyer, but it seemed clear to me that the Justices (Justice Ruth Bader Ginsburg was absent because, in the words of Chief [Justice] John Roberts, she was “indisposed due to illness”) thought the issue was what the pleading standard for a §1981 claim should be, not at this point whether Comcast had racially discriminated against Byron Allen. Hopefully, the Court will make a quick ruling in this very important case.

Armstrong Williams is a conservative columnist. To find out more about Armstrong Williams and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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Remembering George Floyd

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OP-ED: Oregon Bill Threatens the Future of Black Owned Newspapers and Community Journalism

BLACKPRESSUSA NEWSWIRE — Nearly half of Oregon’s media outlets are now owned by national conglomerates with no lasting investment in local communities. According to an OPB analysis, Oregon has lost more than 90 news jobs (and counting) in the past five years. These were reporters, editors and photographers covering school boards, investigating corruption and telling community stories, until their jobs were cut by out-of-state corporations.

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By Dr. Benjamin F. Chavis, Jr.
President and CEO, National Newspaper Publishers Association

For decades, The Skanner newspaper in Portland, the Portland Observer, and the Portland Medium have served Portland, Oregon’s Black community and others with a vital purpose: to inform, uplift and empower. But legislation now moving through the Oregon Legislature threatens these community news institutions—and others like them.

As President and CEO of the National Newspaper Publishers Association (NNPA), which represents more than 255 Black-owned media outlets across the United States—including historic publications like The Skanner, Portland Observer, and the Portland Medium—l believe that some Oregon lawmakers would do more harm than good for local journalism and community-owned publications they are hoping to protect.

Oregon Senate Bill 686 would require large digital platforms such as Google and Meta to pay for linking to news content. The goal is to bring desperately needed support to local newsrooms. However, the approach, while well-intentioned, puts smaller, community-based publications at a future severe financial risk.

We need to ask – will these payments paid by tech companies benefit the journalists and outlets that need them most? Nearly half of Oregon’s media outlets are now owned by national conglomerates with no lasting investment in local communities. According to an OPB analysis, Oregon has lost more than 90 news jobs (and counting) in the past five years. These were reporters, editors, and photographers covering school boards, investigating corruption, and telling community stories, until their jobs were cut by out-of-state corporations.

Legislation that sends money to these national conglomerate owners—without the right safeguards to protect independent and community-based outlets—rewards the forces that caused this inequitable crisis in the first place. A just and inclusive policy must guarantee that support flows to the front lines of local journalism and not to the boardrooms of large national media corporations.

The Black Press exists to fill in the gaps left by larger newsrooms. Our reporters are trusted messengers. Our outlets serve as forums for civic engagement, accountability and cultural pride. We also increasingly rely on our digital platforms to reach our audiences, especially younger generations—where they are.

We are fervently asking Oregon lawmakers to take a step back and engage in meaningful dialogue with those most affected: community publishers, small and independent outlets and the readers we serve. The Skanner, The Portland Observer, and The Portland Medium do not have national corporate parents or large investors. And they, like many smaller, community-trusted outlets, rely on traffic from search engines and social media to boost advertising revenue, drive subscriptions, and raise awareness.

Let’s work together to build a better future for Black-owned newspapers and community journalism that is fair, local,l and representative of all Oregonians.

Dr. Benjamin F. Chavis Jr., President & CEO, National Newspaper Publishers Association

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Hate and Chaos Rise in Trump’s America

BLACKPRESSUSA NEWSWIRE — Tactics ranged from local policy manipulation to threats of violence. The SPLC documented bomb threats at 60 polling places in Georgia, traced to Russian email domains.

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By Stacy M. Brown
Black Press USA Senior National Correspondent

The Southern Poverty Law Center has identified 1,371 hate and antigovernment extremist groups operating across the United States in 2024. In its latest Year in Hate & Extremism report, the SPLC reveals how these groups are embedding themselves in politics and policymaking while targeting marginalized communities through intimidation, disinformation, and violence. “Extremists at all levels of government are using cruelty, chaos, and constant attacks on communities and our democracy to make us feel powerless,” said SPLC President Margaret Huang. The report outlines how hard-right groups aggressively targeted diversity, equity, and inclusion (DEI) initiatives throughout 2024. Figures on the far right falsely framed DEI as a threat to white Americans, with some branding it a form of “white genocide.” After the collapse of Baltimore’s Francis Scott Key Bridge, a former Utah legislator blamed the incident on DEI, posting “DEI = DIE.”

Tactics ranged from local policy manipulation to threats of violence. The SPLC documented bomb threats at 60 polling places in Georgia, traced to Russian email domains. Similar threats hit Jewish institutions and Planet Fitness locations after far-right social media accounts attacked them for trans-inclusive policies. Telegram, which SPLC describes as a hub for hate groups, helped extremists cross-recruit between neo-Nazi, QAnon, and white nationalist spaces. The platform’s lax moderation allowed groups like the Terrorgram Collective—designated terrorists by the U.S. State Department—to thrive. Militia movements were also reorganized, with 50 groups documented in 2024. Many, calling themselves “minutemen,” trained in paramilitary tactics while lobbying local governments for official recognition. These groups shared personnel and ideology with white nationalist organizations.

The manosphere continued to radicalize boys and young men. The Fresh & Fit podcast, now listed as a hate group, promoted misogyny while mocking and attacking Black women. Manosphere influencers used social media algorithms to drive youth toward male-supremacy content. Turning Point USA played a key role in pushing white nationalist rhetoric into mainstream politics. Its leader Charlie Kirk claimed native-born Americans are being replaced by immigrants, while the group advised on Project 2025 and organized Trump campaign events. “We know that these groups build their power by threatening violence, capturing political parties and government, and infesting the mainstream discourse with conspiracy theories,” said Rachel Carroll Rivas, interim director of the SPLC’s Intelligence Project. “By exposing the players, tactics, and code words of the hard right, we hope to dismantle their mythology and inspire people to fight back.”

Click here for the full report or visit http://www.splcenter.org/resources/guides/year-hate-extremism-2024.

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