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OP-ED: What’s at Stake in Byron Allen’s Supreme Court Showdown with Comcast

NNPA NEWSWIRE — If the Supreme Court gets to decide this case, it seems very likely that – at a minimum – the court will choose the “but for” standard that is currently used in most jurisdictions outside the 9th Circuit. That would be a major setback to the civil rights community’s advocacy for establishing nationwide the 9th Circuit’s broader “motivating factor” standard. It’s even conceivable that this conservative Supreme Court could go even farther, exploiting the facts of Mr. Allen’s private contract claim to justify an even more regressive outcome by applying the “but for” standard in EEO retaliation, fair housing, voting rights, or other claims.

Published

6 years ago

November 13, 2019

Oakland Post

By Maurita Coley, President and CEO of the Multicultural Media, Telecom, and Internet Council (MMTC)

The U.S. Supreme Court will hear arguments today in a suit between Comcast and Byron Allen, a prominent African American programming executive. What began as a fairly routine television carriage dispute has turned into risky gambit that may give the court’s conservative majority an opportunity to roll back fundamental civil rights protections.

The lawsuit arose out of Comcast’s decision several years ago not to carry several Allen-owned television channels, such as Pets.TV and Recipe.TV. Comcast has argued its rejection of Allen’s channels was purely a business decision, reflecting what it viewed as the channels’ limited audience appeal. Allen then promptly filed a $20 billion lawsuit against Comcast, alleging that the company’s refusal to contract with Allen’s company was racially motivated, in violation of Section 1981 of the Civil Rights Act of 1866.

District Court Judge Terry Hatter – a well-respected African American judge with an apparently strong record on civil rights – dismissed the case three times, finding that Allen had not established a plausible argument that Comcast would have contracted with his company “but for” Allen’s race.

Allen appealed to the 9th Circuit, which remanded Judge Hatter’s dismissal with a new guideline to the lower court that a plaintiff can state a viable claim under Section 1981 if discriminatory intent plays any role in a defendant’s decision not to contract, regardless of whether race discrimination was a “but for” cause of that decision. Comcast petitioned the Supreme Court to review the 9th Circuit’s decision, and the Supreme Court agreed; oral argument is scheduled for Nov. 13, 2019.

Carriage disputes between cable operators like Comcast, and programming content providers like Byron Allen, are exceedingly common. In my more than 30 years in the industry, I’ve represented both sides – networks seeking distribution and distributors seeking content – and in the early days of cable, I even represented minority-owned distributors such as Barden Cablevision of Detroit, and minority-owned programmers such as Black Entertainment Television.

In my experience, this Comcast-Allen case doesn’t fit the usual framework for a race discrimination case. As best I can surmise, Allen’s channels are not ethnically or culturally diverse; he claimed the alleged race discrimination was that, “but for” the fact that his channels are black-owned, his channels would have been carried because Comcast was already carrying similar white-owned food and pet-themed channels. His suit rejected Comcast’s defense that its decision not to carry his channels was not racially motivated, saying that it had other non-racial reasons, such as better ratings, higher-quality programming, or other business considerations for not carrying the channels owned by Allen.

In any event, the parties were not able to resolve their content carriage dispute, and now this case, which started as a private contract dispute, now puts at risk the civil rights enjoyed by all Americans, because a conservative Supreme Court majority hostile to civil rights has a chance to fundamentally re-examine Section 1981. The court will get to decide – not just for this case, but in a precedent that will impact all future discrimination cases – whether a plaintiff must prove that intentional race discrimination was the decisive factor in a decision (the “but for” standard of proof), or whether race just needs to be one factor in the decision (the 9th Circuit’s “mixed motive” standard, which civil rights leaders strongly support).

If the Supreme Court gets to decide this case, it seems very likely that – at a minimum – the court will choose the “but for” standard that is currently used in most jurisdictions outside the 9th Circuit. That would be a major setback to the civil rights community’s advocacy for establishing nationwide the 9th Circuit’s broader “motivating factor” standard. It’s even conceivable that this conservative Supreme Court could go even farther, exploiting the facts of Mr. Allen’s private contract claim to justify an even more regressive outcome by applying the “but for” standard in EEO retaliation, fair housing, voting rights, or other claims.

Civil rights groups such as NAACP have jumped into this case, filing amicus briefs that seek to convince the court not to embrace the “but for” standard. What I suggest now is that the civil rights groups try to persuade both parties to help get us out of this precarious place in history. To do that, it’s essential that Allen withdraw his $20 billion lawsuit, and that Comcast withdraw its petition for certiorari to the U.S. Supreme Court — ideally before the Nov. 13, 2019, oral argument or soon after.

Given Allen’s huge success as an African American businessman, these channels cannot be so important to him that it’s worth placing all of our civil rights at risk. Likewise, Comcast, which ranks No. 2 on Fortune’s list of 100 best workplaces for diversity and has one of the strongest records of programming diversity in the industry, should demonstrate those values by withdrawing its petition for Supreme Court review if Allen also agrees to step back from the ledge.

Both parties should close their eyes, take a leap — and hold their noses if they must — but do their part to take this case off the docket of a deeply conservative court. Otherwise we might all find ourselves facing an uncertain future, stripped of key civil rights protections.

No contract or channel is worth the risk.

The op-ed was first published in the Morning Consult on November 13, 2019.

Maurita Coley, a veteran communications attorney and former executive at BET Networks, serves as president and CEO of the Multicultural Media, Telecom, and Internet Council.

Oakland Post

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OP-ED: How heavy a burden does a person of color alleging discrimination have to carry to have his day in court?

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As Arguments Begin, Civil Rights Leaders Urge Supreme Court to Uphold One of the Nation’s Oldest Anti-Discrimination Statutes

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EXCLUSIVE OP-ED: President Joe Biden Commemorating Juneteenth

BLACKPRESSUSA NEWSWIRE — “I’ve always believed that we need to be honest about our history, especially in the face of ongoing efforts to erase it. Darkness can hide much, but it erases nothing. Only with truth can come healing, justice, and repair.”

Published

18 hours ago

June 20, 2025

admin

By Joseph R. Biden, Jr.
46th President of the United States: 2021—2025

The people of Galveston, Texas, have been commemorating Juneteenth since the Civil War ended. Yesterday, in honor of the 160^th anniversary, I went there to join them.

You can read about the events of Juneteenth, but there’s nothing quite like going to Galveston and seeing where it all happened.

After General Robert E. Lee surrendered at Appomattox Court House on April 9, 1865, Union troops marched across the South for two months, freeing enslaved people along the way. Their final stop was Galveston, an island off the Gulf coast of Texas. There, on June 19, 1865, Union troops went to Reedy Chapel, a church founded in 1848 by enslaved people, and posted a document titled simply “General Order #3.”

“The people of Texas are informed,” it said, “that, in accordance with a Proclamation from the Executive of the United States, all slaves are free.”

We can only imagine the joy that spread through Galveston – and across the state and nation – on that day and those that followed.

Yesterday, there was once again joy in Galveston, with a parade, picnic, and fireworks. There was also great solemnity, because Juneteenth is a sacred day – a day of weight and power.

The Book of Psalms tells us: “Weeping may endure for a night, but joy cometh in the morning.” Juneteenth marks both the long, hard night of slavery and subjugation, and the promise of that joyful morning to come.

As President, I had the great honor of signing the law declaring Juneteenth a federal holiday. It was our nation’s first new federal holiday since Martin Luther King, Jr. Day was created in 1983.

Our federal holidays say a lot about who we are as a nation. We have holidays celebrating our independence… the laborers who build this nation… the servicemembers who served and died in its defense.

And now, we also have a national holiday dedicated to the emancipation of enslaved Black Americans.

Signing that law was one of my proudest acts as President.

Yet for 156 years, Juneteenth was not written about in textbooks or taught in classrooms. Still today, there are those who say it does not deserve a holiday. They don’t want to remember the moral stain of slavery and the terrible harm it did to our country.

I’ve always believed that we need to be honest about our history, especially in the face of ongoing efforts to erase it. Darkness can hide much, but it erases nothing. Only with truth can come healing, justice, and repair.

I also believe that it’s not enough to commemorate the past. We must also embrace the obligation we have to the future. As Scripture says, “Faith without works is dead.” And right now, we Americans need to keep the faith and do the work.

In honor of Juneteenth, let’s help people register to vote.

For decades, we fought to expand voting rights in America. Now we’re living in an era when relentless obstacles are being thrown in the way of people trying to vote. We can’t let those tactics defeat us. In America, the power belongs with the people. And the way we show that power is by voting.

So let’s reach out to family, friends and neighbors – especially those who have never voted before. Remind them that with voting, anything is possible. And without it, nothing is possible.

Yesterday in Galveston, we gathered in Reedy Chapel to commemorate Juneteenth, just like people have done for 160 years and counting. We prayed, sang, and read General Order #3 again. The pews were full of families. How many people must have prayed for freedom inside those walls. How many must have sent fervent thanks to God when slavery finally ended.

I remembered the words of my late friend John Lewis. He said, “Freedom is not a state. It is an act.”

Juneteenth did not mark the end of America’s work to deliver on the promise of equality. It only marked the beginning. To honor the true meaning of Juneteenth, we must continue to work toward that promise. For our freedom. For our democracy. And for America itself.

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Cities Across the U.S. Shrink or Cancel Juneteenth Events as DEI Support Wanes

BLACKPRESSUSA NEWSWIRE — Across the country, Juneteenth celebrations are being scaled back or eliminated as public funding dries up and corporations withdraw sponsorship.

Published

1 day ago

June 19, 2025

Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

Across the country, Juneteenth celebrations are being scaled back or eliminated as public funding dries up and corporations withdraw sponsorship. In many communities, the once-growing recognition of the holiday is facing sharp resistance tied to the unraveling of diversity, equity, and inclusion efforts.

In Denver, Colorado, the annual Juneteenth Music Festival, one of the largest in the nation—was cut from two days to one. Organizers said more than a dozen corporate sponsors walked away from commitments, leaving them with a financial gap that almost canceled the event. Norman Harris, the festival’s executive director, said several companies “pulled back their investments or let us know they couldn’t or wouldn’t be in a position to support this year.” Harris credited grassroots donors and small businesses for stepping in when larger backers stepped aside.

In Colorado Springs, the local celebration was relocated to the Citadel Mall parking lot after support from previous sponsors disappeared. Organizers noted that where there were once dozens of corporate partners, only five remained. The downsized event was pieced together with limited resources, but community leaders said they refused to let the holiday go unacknowledged.

Scottsdale, Arizona, canceled its Juneteenth observance after the city council voted to dissolve its diversity, equity, and inclusion office in February. Without the office in place, the city offered no support for planning or funding, leaving residents without an official celebration.

In San Diego, the Cooper Family Foundation lost a $25,000 grant from the National Endowment for the Arts that had been earmarked for Juneteenth programming. Organizers said the decision forced them to personally finance key elements of the event, including cultural exhibits, performances, and youth engagement activities.

Bend, Oregon, called off its Juneteenth event entirely. Organizers cited political tensions and safety concerns, saying they could not secure the partnerships needed to proceed. A public statement from the planning committee described the current climate as “increasingly volatile,” making it difficult to host a safe and inclusive event.

West Virginia, which has recognized Juneteenth as a paid state holiday since 2017, will not sponsor any official events this year. State leaders pointed to budget constraints and recent decisions to eliminate DEI programming across agencies as the reasons for stepping away from public observance.

Austin, Texas, has also reduced its Juneteenth programming. While the city has not canceled events outright, organizers said diminished city support and fewer private contributions forced them to focus only on core activities.

“Thankfully, there was a wide range of support that came when we made the announcement that the celebration is in jeopardy,” said Harris. “But it shows how fragile that support has become.”

Stacy M. Brown

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Juneteenth and President Trump

BLACKPRESSUSA NEWSWIRE — Juneteenth is a day for African Americans in this nation to connect to their ancestry. It honors the end of slavery in the United States and is considered the longest-running African American holiday. The primary focus is freedom and the emancipation of enslaved people in the United States.

Published

1 day ago

June 19, 2025

Oakland Post

By April Ryan
BlackPressUSA.com Newswire Washington Bureau Chief and White House Correspondent

President Trump is set to proclaim the federal observance of Juneteenth as the White House is open for business on this holiday. The White House says the president will sign a “historic proclamation designating Juneteenth as a National Day of Observance, marking the 160th anniversary of General Order Number 3 in Galveston, Texas.” The declaration was that “all slaves are free.” This Trump proclamation, according to the White House, “will celebrate the Emancipation Proclamation, the Republican Party’s role in passing the 13th Amendment, and reaffirm the administration’s dedication to equal justice and prosperity for all.”

This proclamation comes as President Trump has denounced Diversity, Equity, Inclusion, and anything Woke. Juneteenth is a celebration of freedom from the tyranny of 250 years of slavery after the Civil War.

The Juneteenth celebration started when Union troops reached Galveston, Texas, and told the slaves that they were free on June 19, 1865, two years after the Emancipation Proclamation was created.

The Emancipation Proclamation, which is on display in the Lincoln Bedroom of the White House, was issued by President Abraham Lincoln on January 1, 1863. It established that all enslaved people in Confederate states in rebellion against the Union “shall be then, thenceforward, and forever free.”

Juneteenth is a day for African Americans in this nation to connect to their ancestry. It honors the end of slavery in the United States and is considered the longest-running African American holiday. The primary focus is freedom and the emancipation of enslaved people in the United States.

The Juneteenth federal holiday was signed into law by then-President Joe Biden on June 19, 2021. This Trump White House is in full swing today, with a press briefing by Karoline Leavitt, not taking the federal holiday off. Also, President Trump will receive an intelligence briefing in the morning and participate in a swearing-in ceremony for the U.S. Ambassador to Ireland.