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Context of 'September 7, 2010: Talk Show Host Who Used Racial Slurs Claims Persecution by Liberal, Black Critics'

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The US Supreme Court rules in Richardson v. Ramirez that states may deny convicted felons the right to vote. The case originated when felons who had completed their sentences sued the California secretary of state and election officials, challenging a state constitutional provision and related statutes that permanently denied them the right to vote unless their rights were restored, on an individual basis, by court order or executive pardon. The burden is generally on the state to show a “compelling state interest” in denying a citizen the right to vote. The plaintiffs argued that California had no compelling state interest in denying them their right to vote. The plaintiffs won their case in California’s Supreme Court. However, the US Supreme Court rules that a state does not have to prove that its felony disfranchisement laws serve a compelling state interest. The Court finds that the Fourteenth Amendment exempts felony disenfranchisement laws from the burden placed on states in voting rights matters. [American Civil Liberties Union, 2012; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012] The Court writes: “[I]t is not for us to choose one set of values over the other. If respondents are correct, and the view which they advocate is indeed the more enlightened one, presumably the people of the State of California will ultimately come around to the view. And if they do not do so, their failure is some evidence, at least, of the fact that there are two sides to the argument.” [ProCon, 10/19/2010; RICHARDSON v. RAMIREZ, 418 US 24 (1974), 2012]

Entity Tags: US Supreme Court, California Supreme Court

Timeline Tags: Civil Liberties

Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters.Part of the ‘voter purge’ lists that illegally disenfranchised thousands of Florida voters. [Source: Salon]Soon after Jeb Bush (R-FL) becomes governor of Florida minority voters are increasingly purged from the Florida voting rolls. In his unsuccessful 1994 run for governor, Bush had won the animus of African-American voters by showing a lack of interest in their concerns; during one debate, when asked what he would do for Florida’s black community, he answered, “Probably nothing.” He avoided such comments in his 1998 campaign, and won the election though he secured only 10 percent of the black vote. In his first year as governor, Bush eliminates many affirmative action programs and replaces them with what he calls the “One Florida Initiative,” which in effect grants state contracts almost exclusively to white male business owners. Black legislators, led by Democratic State Senator Kendrick Meek among others and joined by the NAACP, decide that they will mount a voter registration drive—“We’ll Remember in November”—to defeat Governor Bush and his allies, and to challenge Bush’s brother, Texas Governor George W. Bush, in his drive to the presidency (see 9:54 p.m. December 12, 2000). Veteran civil rights leader Elmore Bryant later says, “We didn’t need George W. doing to the whole nation what Jeb was doing to Florida.” Some Florida NAACP officials have a nickname for the governor: “Jeb Crow.” Black voters begin registering in unprecedented numbers.
Removing Black 'Felons' from the Rolls, Keeping Other Blacks Off - Bush and his allies decide to begin focusing on convicted felons (see June 24, 1974), pivoting off of a 1997 discovery that 105 convicted felons had illegally voted in a Miami mayoral election. Under Florida law, convicted felons are ineligible to vote. Seventy-one percent of convicted felons found on county voting rolls are registered Democrats, and the majority of those are black. Bush and the Republican-led Florida legislature pushes through a sweeping voter fraud bill opposed by almost every county elections supervisor in Florida. It mandates the strict enforcement of an obsolete 1868 law that took the vote away from all former prisoners who had not received clemency from the governor’s office no matter what their crimes or their circumstances. Only 14 states do not automatically restore a convicted citizen’s civil rights upon the completion of their prison sentence; Florida is one of those states. Florida’s population is only 15 percent black, but its prison population is 54 percent black—a huge disproportion. Convicted felons who ask for clemency usually are denied such clemency, no matter how much they had managed to clean up their lives—by 2000, less than 0.5 percent of former prisoners have regained their rights to vote. Meek later says that he has helped 175 former felons apply for clemency; only nine, he will say, succeed in regaining their voting rights. 17 percent of Florida’s black voting-age males are disenfranchised as of 2000. Florida leads the nation in its number of disenfranchised voters. Moreover, Florida leads the nation in charging juveniles with felonies, thusly depriving young citizens of their rights to vote even before they are old enough to exercise them. Democratic State Senator Daryl Jones says: “And every year the Florida legislature is trying to make more crimes felonies. Why? So they can eliminate more people from the voter rolls.… It’s been going on in Tallahassee for years.” By April 1998, as Jeb Bush’s campaign for governor is in full swing, the legislature mandated a statewide push to “purge” voter rolls of a wide variety of ineligible voters—those who have moved and registered in a different county or state, those considered mentally unstable, those who are deceased, and most significantly, convicted felons who have not had their rights restored. Voters such as Willie David Whiting, a Tallahassee pastor who has never been convicted of a crime, testified that they were denied their rights to vote because the lists conflated him with felon Willie J. Whiting. The purge list parameters considered him a “derived,” or approximate, match (see November 7, 2000). Whiting had to threaten to bring his lawyer to the precinct before being allowed to vote. “I felt like I was slingshotted back into slavery,” he testified. He tried to understand why he and so many others were denied their right to vote. “Does someone have a formula for stealing this election?” he says he asked himself. Overall, the new purge lists are hugely disproportionate in including black citizens. Hillsborough County’s voting population is 15 percent black, but 54 percent of its purged voters are black. Miami-Dade County’s voting population is 20 percent black, but 66 percent of its purged voters are black. Leon County’s voting population is 29 percent black, but 55 percent of its purged voters are black (see Early Afternoon, November 7, 2000).
Privatizing the Purge - The legislature contracts out the task of providing a “purge list” to a Tallahassee firm, Professional Analytical Services and Systems, using state databases. The results are riddled with errors that would cost huge numbers of Florida voters their right to vote. In August 1998. Ethel Baxter, the Director of the Florida Division of Elections, orders county elections supervisors not to release the list to the press in order to keep the list from generating negative publicity. Instead, the state awards a second contract, this time to Boca Raton’s Database Technologies (DBT). (DBT later merges with ChoicePoint, an Atlanta firm.) DBT produces two separate lists, one in 1999 and another in 2000, that included a total of 174,583 alleged felons. Later, a small number of convicts who had been granted clemency are removed from the list. The majority of the people on the lists were black, and presumably Democrats. DBT employees referred to the people on the list as “dirtbags,” among other epithets. When citizens begin learning that they are on the lists, and begin filing complaints, DBT product manager Marlene Thorogood expresses surprise. In an email, she says, “There are just some people that feel when you mess with their ‘right to vote’ your [sic] messing with their life.” By late 1999, it becomes apparent that the DBT lists are as riddled with errors as the first lists. Thousands of Florida citizens who had never been convicted of felonies, and in many cases no crimes at all, are on the lists. Some people’s conviction dates were given as being in the future. Angry complaints by the thousands inundated county elections supervisors, who in turn complain to Tallahassee.
Handling the Complaints - The person designated to compile the list is Emmett “Bucky” Mitchell IV, an assistant general counsel to the Florida Division of Elections. Mitchell, who is later promoted to a senior position in the Department of Education a week after the November 2000 elections, claims he tries to “err on the side of caution” in listing voters to be purged. But testimony and statements from county supervisors, state officials, DBT employees, and others paint a different picture. When warned in March 1999 of the likelihood of tens of thousands of “false positives”—names that should not be on the list but are because of similarities in names, birth dates, Social Security numbers, and the like—Mitchell tells Thorogood that the primary purpose of the lists is to include as many people as possible, false positives or not. It is the job of the county supervisors, he says, to weed out the legitimate voters from the lists. When told by DBT personnel that loose parameters for the names were causing an inordinate number of false positives, Mitchell, as directed by senior government officials, actually loosens the parameters instead of tightening them, ensuring tens of thousands more names on the list, and resultingly more false positives. DBT also includes names of convicted felons from other states in making up its lists, though 36 states automatically restore their prisoners’ rights upon completion of sentences. Thusly, over 2,000 residents of other states who had served their sentences, had their rights restored, and moved to Florida now find their voting rights illegally stripped by the purge list. In May 2000, some 8,000 names, mostly those of former Texas prisoners included on a DBT list, are found to have never committed anything more than a misdemeanor. Their names are eventually removed from the lists. (Subsequent investigations find that at least one of the Texas lists came from a company headed by a heavy Republican and Bush campaign donor.) Mitchell later admits that other such lists, equally erroneous, are incorporated into the purge lists, and those names are not removed. Before the 2000 elections, an appeals process is instituted, but it is tortuously slow and inefficient. Civil Rights Commission attorney Bernard Quarterman says in February 2001 that the people who filed appeals are, in essence, “guilty until proven innocent.” In its contract, DBT promises to check every name on the list before including it by both mail and telephone verifications, but it does not, and later contracts omit that procedure. Asked by Nation reporter John Lantigua about concerns with the lists, Mitchell dismisses them, saying: “Just as some people might have been removed from the list who shouldn’t have been, some voted who shouldn’t have.” Lantigua writes: “In other words, because an ineligible person may have voted somewhere else, it was acceptable to deny a legitimate voter the right to vote.” Mitchell verifies that he himself did not set the loose parameters for the lists, but that they came from Baxter in consultation with Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After).
County Supervisors Battle the Lists - Some county elections supervisors work diligently to comb through their lists and restore legitimate citizens’ voting rights. Leon County Elections Supervisor Ion Sancho testifies after the elections, “Our experience with the lists is that they are frequently erroneous.” He tells the Civil Rights Commission that he received one list with 690 names on it; after detailed checking by himself and his staff, 657 of those names were removed. Mitchell actually tells elections supervisors not to bother with such checks. Linda Howell, the elections supervisor for Madison County, later says: “Mr. Mitchell said we shouldn’t call people on the phone, we should send letters. The best and fastest way to check these matters was by phone, personal contact, but he didn’t want that.… We shouldn’t have had to do any of this. Elections supervisors are not investigators, and we don’t have investigators. It wasn’t our responsibility at all.” The process for unfairly purged voters to clear their names is slow and inefficient, and the backlog of voters waiting to have their names cleared by the Office of Executive Clemency was anywhere from six months to a year in duration. [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: Professional Analytical Services and Systems, National Association for the Advancement of Colored People, Willie D. Whiting, Marlene Thorogood, US Commission on Civil Rights, Kendrick Meek, Katherine Harris, Bernard Quarterman, County of Hillsborough (Florida), ChoicePoint, County of Miami-Dade (Florida), Daryl Jones, John Lantigua, Database Technologies, Elmore Bryant, Ethel Baxter, John Ellis (“Jeb”) Bush, Emmett (“Bucky”) Mitchell, Ion Sancho, Florida Division of Elections, George W. Bush

Timeline Tags: 2000 Elections, Civil Liberties

Florida, already using controversial and error-ridden “purge lists” to remove tens of thousands of minority voters from the voting rolls (see 1998 and After), uses voting machines and voting procedures to disenfranchise eligible voters. The Florida elections system is grossly underfunded, resulting in the use of obsolete and error-prone machines (disproportionately used in counties with large minority populations), and elections officials lacking fundamental training and even information about their jobs. During most of 2000, county supervisors warn Tallahassee that Florida could expect an unprecedented number of voters on November 7, especially among the black voting community. But Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) and Division of Elections chief Clay Roberts, by their own subsequent testimony, fail to address the problem. Roberts tells Leon County Elections Supervisor Ion Sancho, “It’s not that bad.” Thusly on November 7, 2000, many polling places experience massive difficulties. An investigation by the National Association for the Advancement of Colored People (NAACP) turns up thousands of voters who are turned away for a number of reasons, including but not limited to being on the purge lists. Some voters who registered are not listed on the voting rolls—many of whom were registered through NAACP efforts to register voters via the “motor voter” procedures (see May 20, 1993). County supervisors calling Tallahassee with questions and problems routinely find themselves unable to get through. Many precincts lack access to central voter rolls to verify questionable registrations. Some voters who are in line to vote at the 7:00 p.m. closing time are told to leave, even though the law mandates that any voter standing in line to vote can vote even if closing time occurs. Florida law also allows voters whose status is questionable to complete affidavit votes that will be counted later after their eligibility is confirmed, but many election workers know nothing of these procedures, and thusly many voters who are eligible to vote via affidavit are not given that opportunity. Many disabled voters find no procedures in place to allow them access to voting machines. Many precincts lack procedures to assist Spanish-speaking voters, including failing to provide bilingual ballots or bilingual poll workers. (The Voting Rights Act of 1965—see August 6, 1965—mandates that such provisions be made at every polling place without exception.) The Puerto Rican Legal Defense and Education Fund later concludes that several thousand Hispanic voters are disenfranchised because of these failures. Black voters in Leon County complain that the Florida Highway Patrol set up a roadblock that denied them access to their polling place (see 11:30 a.m. November 7, 2000); Highway Patrol authorities later admit the existence of the roadblock, but say that it was a routine vehicle inspection checkpoint.
Punch Card Voting - Florida generally uses two voting systems—the more sophisticated computer “optiscan” system, which features ballots where choices are made by “bubbling in” an oval with a pencil and then feeding into a scanner, and the obsolete “punch card” system, which uses “punch cards” where choices are made by a voter “punching” a hole in a card with a stylus and then feeding the card into a scanner. Counties with large African-American populations are disproportionate in having to use the obsolete punch card machines. In four of these counties—Miami-Dade, Broward, Palm Beach, and Duval—over 100,000 votes are discarded due to problems with punching the holes correctly (see November 9, 2000). This total is more than half the discards in the entire state. Of the 19 precincts in the state with the highest rate of discard, 18 are majority-black. Seventy percent of black Floridian voters are forced to use the punch card machines, a percentage far higher than that of other ethnic groups. The NAACP later sues to force Florida to discard punch card machines entirely. The Florida government’s response to the punch-card disenfranchisement can perhaps be best summed up by a statement made by Republican House Speaker Tom Feeney, who responds to a question about the infamous “butterfly ballot” in Palm Beach County (see November 9, 2000) by saying: “Voter confusion is not a reason for whining or crying or having a revote. It may be a reason to require literacy tests.” Literacy tests, a legacy of the Jim Crow era of massive voter discrimination, are unconstitutional (see 1896 and June 8, 1959). [Tapper, 3/2001; Nation, 4/24/2001]
Subsequent Investigation - A later investigation by the progressive news magazine The Nation will document widespread voter disenfranchisement efforts in Florida (see April 24, 2001).

Entity Tags: County of Palm Beach (Florida), County of Madison (Florida), County of Leon (Florida), County of Duval (Florida), County of Broward (Florida), Clay Roberts, County of Miami-Dade (Florida), Florida Highway Patrol, Ion Sancho, Puerto Rican Legal Defense and Education Fund, Tom Feeney, Linda Howell, Katherine Harris, National Association for the Advancement of Colored People

Timeline Tags: 2000 Elections, Civil Liberties

Thousands of African-American voters in Florida are illegally denied their right to vote, as is proven in many instances by subsequent investigations. Adora Obi Nweze, the president of the Florida State Conference of the NAACP, is told by election officials she cannot vote because she has already cast an absentee ballot, even though she has cast no such ballot. Cathy Jackson, a Broward County voter since 1996, was told falsely that she was not on the rolls and could not vote; she sees a white woman cast an “affidavit ballot” and asks if she can do the same, but is denied. Donnise DeSouza of Miami is told, falsely, that she is not on the voting rolls and is moved to the “problem line”; when the polls close, she is sent home without voting. Another voter, Lavonna Lewis, is in line to vote when the polls close. Though the law says that voters already in line can vote even after the polls close, she is sent home. She will later say she saw election officials allow a white male voter to get in line after the polls had closed.
US Representative Fights to Cast Vote - US Representative Corrine Brown (D-FL) is followed into her poll by a television crew. Officials there tell her that her ballot has been sent to Washington and therefore she cannot vote in Florida. Brown spends two and a half hours in the polling place before finally being allowed to vote. Brown later notes that she helped register thousands of African-American college students in the months prior to the election. “We put them on buses,” she will recall, “took them down to the supervisor’s office. Had them register. When it came time to vote, they were not on the rolls!” Many African-American voters like Wallace McDonald of Hillsborough County are denied their vote because they are told, falsely, that they are convicted felons whose right to vote has been stripped. The NAACP offices are inundated with telephone calls all day from voters complaining that their right to vote is being denied.
'Painful, Dehumanizing, Demoralizing' - Donna Brazile, campaign manager for the Gore campaign whose sister was illegally asked for three forms of identification in Seminole County before being allowed to vote, later says: “What happened that day—I can’t even put it in words anymore. It was the most painful, dehumanizing, demoralizing thing I’ve ever experienced in my years of organizing.” Hearings in early 2001 held by the US Commission on Civil Rights will record more than 30 hours of testimony from over 100 witnesses as to a wide array of racially based disenfranchisement. The commission will find that the election probably violated the Voting Rights Act of 1965, but Attorney General John Ashcroft will ignore the report.
Gadsden County - One exemplar of systematic disenfranchisement is seen in Gadsden County, one of Florida’s poorest counties, with 57 percent of its voters African-American. Its elections are supervised by white conservative Denny Hutchinson. Hutchinson refuses to take action to increase registration, put in more polling places, and other actions designed to increase voter turnout. Gadsden County Commissioner Ed Dixon later recalls: “He never advocated for any increased precincts, even though some of our people had to drive 30 miles to get to a poll. In the only county that’s a majority African-American, you want a decreased turnout.” After the votes have been tallied, Hutchinson’s deputy, African-American Shirley Green Knight, notices that over 2,000 ballots (out of 14,727 cast) are not included in the registered count. The reason? Gadsden uses a so-called “optiscan” balloting device, which allows voters to “bubble in” ovals with a pencil; these “bubbles” are scanned and the votes they indicate are tallied. Optiscan ballots are prone to register “overvotes,” essentially when the ballot indicates votes for two separate candidates in the same race. Overvotes are not machine-tallied. The machines have a sorting switch that when set to “on” causes the machine to record overvotes or “undervotes” (no vote recorded) in a separate category for later review and possible inclusion. Knight will learn that Hutchinson had insisted the machines’ switches be set to “off,” which rejects the overvotes without counting them at all. “I have no idea why he would do that,” Knight later says. When she learns of the problem, she asks Hutchinson to run the ballots through again with the sorting switch on, but he refuses. He is later overruled by the Gadsden canvassing board. When the ballots are run through a second time, the results are startlingly different. Gadsden uses a variant of the so-called “caterpillar ballot,” which lists candidates’ names in two columns. George W. Bush, Al Gore, and six other presidential candidates are listed in one column. The second column lists two more candidates, Monica Moorehead and Howard Phillips, and a blank for a “Write-In Candidate.” Hundreds of voters apparently believe that the second column is for an entirely different race, and vote not only for Bush or Gore, but for Moorehead or Phillips. And some voters vote for Gore and, to ensure clarity, write “Gore” in the write-in box. (Some, thoroughly confused by directions telling them to “Vote for ONE” and “Vote for Group,” bubble in all 10 presidential candidates and write “Gore” in the box.) None of these votes are originally counted. More sophisticated optiscan machines would refuse to accept the ballot, prompting the voter to correct the error. But Gadsden uses a cheaper machine that allows the error to go through unbeknownst to the voter. When Gadsden performs its machine recount, Gore will receive 153 additional votes from the erroneous optiscan. These will be included in the state’s final tally. However, over 2,000 of the “overvote” ballots will not be counted. Two-thirds of those ballots have Gore as their selection.
Duval County - Similar problems plague voters in Duval County. Duval, a large Democratic stronghold because of its inclusion of Jacksonville, is 29 percent African-American. Twenty-one thousand votes are thrown out as “overvotes.” Part of the problem is a sample-ballot insert placed in the newspaper by elections supervisor John Stafford, giving erroneous instructions as to how to complete the Duval ballot; any voter who follows these instructions does not have their votes tallied, though corrected instructions are posted in some Duval precincts. In the critical 72-hour period after the votes are complete, Gore campaign staffer Mike Langton will spend hours with Stafford, a white Republican, attempting to address the situation. Stafford lies to Langton and tells him Duval has “only a few” overvotes. It is not until after the deadline to ask for a machine recount has passed that Langton learns of the 21,000 uncounted votes. Nearly half of these are from four heavily African-American precincts that usually vote 90 percent Democratic. In theory, nearly 10,000 votes for Gore from Duval County will go untallied.
'Felons' and 'Purge Lists' - Florida law disenfranchises citizens convicted of many felonies (see June 24, 1974). In this election, thousands of Florida voters, mostly African-American males, lose their vote when they appear at their precinct and are told they cannot vote because they are felons, even though they are not. One is Willie Steen, a military veteran who loses his vote in Hillsborough County. “The poll worker looked at the computer and said that there was something about me being a felon,” Steen later recalls. “I’ve never been arrested before in my life,” he recalls telling the poll worker. The worker refuses to listen, and orders Steen to leave the line. Steen later learns that the felony he supposedly committed was done between 1991 and 1993, when he was stationed in the Persian Gulf. Tampa youth leader Willie Dixon and Tallahasse pastor Willie Whiting are also denied their votes through improper classification as felons, as do thousands of other voters. Investigative journalist Greg Palast later learns that the felon-disenfranchisement is widespread and systematic. He will publish a story exposing the scheme during the Florida recounts—in a London newspaper. No US newspaper will consider it. Palast later says: “Stories of black people losing rights is passe, it’s not discussed, no one cares. A black person accused of being a felon is always guilty.” Palast and other investigators learn that Republican legislators have in recent years upgraded a number of selected crimes from misdemeanors to felonies, apparently in order to “purge” the voting rolls of African-Americans. State Senator Frederica Wilson is one of many who believe the new classifications are “aimed at African-American people.” Black lawmakers have been unsuccessful in attempting to repeal the felon-disenfranchisement laws. After a 1997 election, where some 105 felons were found to have voted and analysis showed that 71 percent of Florida felons were registered Democrats, the Florida state government allocated $4 million to “purge” felons off the voting rolls. The government turned the task over to a private firm, Database Technologies (DBT) of Boca Raton (which later merged with the firm ChoicePoint). When the first purge lists from DBT began appearing in 1998, county elections officials were worried. Ion Sancho, the elections supervisor for Leon County, will recall: “We were sent this purge list in August of 1998. We started sending letters and contacting voters, [saying] that we had evidence that they were potential felons and that they contact us or they were going to be removed from the rolls. Boy, did that cause a firestorm.” One of the “felons” was Sancho’s close friend Rick Johnson, a civil rights attorney. “Very few felons are members of the Florida bar,” Sancho will note. In early 2000, Sancho asked Emmett “Bucky” Mitchell, a lawyer for the Florida Division of Elections, why so many “false positives”—innocent people—were on DBT’s list. Mitchell told Sancho that the problem was DBT’s, not Florida’s, and the firm had been told to handle the problem. Instead, according to ChoicePoint marketing official James Lee, Florida relaxed the criteria for its purge list, and tens of thousands of voters who had names roughly similar to those of actual felons were added to the list. Why? Lee will say, “Because after the first year they weren’t getting enough names.” Willie D. Whiting, a law-abiding pastor, is denied the vote because Willie J. Whiting is a felon. Willie Steen is denied his vote because Willie O’Steen is a convicted felon. Mitchell told a DBT project manager that it was up to elections officials like Sancho to find and correct the misidentifications. The lists even include actual felons whose right to vote had been restored by previous Florida administrations during amnesty programs. The initial database for the purge lists is comprised of people arrested for felonies, not convicted—thusly many citizens never convicted of a crime are now on the purge list. Others are incorrectly listed as felons when they were convicted of misdemeanors. A May 2000 “corrected” list stunned county elections officials. Linda Howell, election supervisor of Madison County, found her own name on the list. Monroe County supervisor Harry Sawyer found his father on the list, along with one of his employees and the husband of another. None of those people were felons. Some counties, such as Broward, Duval, Madison, and Palm Beach chose not to use the lists at all; Sancho meticulously checked his list of 697 names and ended up retaining only 33. Most supervisors use the lists without question. A thousand Bay County voters are denied their vote; 7,000 Miami-Dade voters lose theirs. It is unknown how many of these are actual felons and how many are law-abiding, legitimate voters. A 2001 class-action lawsuit brought by the NAACP and African-American voters will charge DBT and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. It will be settled out of court, with Florida agreeing to provisions that nominally settle the problem (see Late August 2002), but a 2004 article by Vanity Fair will note that by 2004, Florida’s government has implemented none of the corrective procedures mandated by the settlement. Subsequent investigations will show that the “felons” on the various purge lists are disproportionately Democratic voters and disproportionately African-American. [Tapper, 3/2001; Vanity Fair, 10/2004]
2001 Investigation Proves Widespread Disenfranchisement - A 2001 investigation by the progressive newsmagazine The Nation will show a widespread and systematic program of voter disenfranchisement in effect in Florida during the 2000 elections (see April 24, 2001).

Florida NAACP official Anita Davis begins receiving phone calls from African-American voters in Leon County, which includes the heavily African-American areas in and around Tallahassee, complaining about Highway Patrol roadblocks that are interfering with their attempts to get to their polling places. Davis calls the Highway Patrol office and is told the roadblocks are just routine traffic stops, asking motorists to show their license and insurance identification. However, given Florida’s often-ugly history of racial oppression, Davis wonders about the timing and nature of the roadblocks. “It’s odd for them to be out there on Election Day,” Davis says. “It just doesn’t smell right.” Davis and fellow NAACP officials soon conclude that the Highway Patrol is attempting to interfere with black citizens’ attempts to vote. [Tapper, 3/2001]

Entity Tags: Anita Davis, National Association for the Advancement of Colored People, Florida Highway Patrol, County of Leon (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

Florida NAACP official Anita Davis, already troubled by reports of Highway Patrol roadblocks interfering with black citizens’ attempts to vote in Leon County (see 11:30 a.m. November 7, 2000), receives a telephone call from her grandson Jamarr Lyles, a college student at Florida A&M in Tallahassee, the county seat. Lyles had joined in the NAACP’s effort to register new African-American voters, and like Davis is thrilled at the reports of huge turnouts among black Floridian voters, but tells his grandmother that he is receiving dozens of reports from his friends that they were not allowed to vote: that their names were not on the voting rolls, though they had registered to vote. [Tapper, 3/2001]

Entity Tags: County of Leon (Florida), Anita Davis, National Association for the Advancement of Colored People, Florida Highway Patrol, Jamarr Lyles

Timeline Tags: 2000 Elections, Civil Liberties

James Baker and Warren Christopher.James Baker and Warren Christopher. [Source: Slate / Metrolic]The Gore campaign sends a quick-response team led by Al Gore’s former chief of staff, lawyer Ron Klain, to Florida to deal with the uncertainty of the Florida presidential race (see Early Morning, November 8, 2000). Almost immediately, Klain and his group are inundated with rumors of voting irregularities—understaffed polling places in Democratic strongholds, Democratic voters sent on “wild goose chases” to find their proper polling places, African-Americans illegally prevented from voting (see November 7, 2000), police roadblocks set up to keep voters from reaching their polls (see 11:30 a.m. November 7, 2000). Klain and his group are unable to ascertain the truth or fiction behind some of the rumors, though they learn about one that is verifiable—the problems surrounding Palm Beach County’s “butterfly ballot” that seem to have cost Gore some 2,600 votes (see November 9, 2000). Klain and the Gore campaign’s Florida head, Nick Baldick, learn that 10,000 votes for both candidates in Palm Beach have been set aside, uncounted, because of their classification as “undervotes”—votes that record no choice for president. Some 4 percent of Palm Beach voters cast their votes for senator but not for president, according to the machine scoring, a conclusion Klain and Baldick find hard to believe. They soon learn that many more “undervotes” were set aside in Miami-Dade County, like Palm Beach a Democratic stronghold. Broward County, which includes the heavily Democratic Fort Lauderdale region, is the source of a number of rumors concerning missing ballot boxes and unbelievable precinct totals. And Volusia County, another expected mine of Gore voters, initially reported a total of negative 16,000 votes for Gore. The automatic recount triggered by Florida law would not address any of these issues; manual recounts and human examination of ballots would be required to sort through the inconsistencies. Klain asks a number of Florida lawyers for legal advice and finds little help: the lawyers he contacts tell him that they are reluctant to give too much aid to the Gore campaign. “All the establishment firms knew they couldn’t cross Governor [Jeb] Bush [brother of presidential candidate George W. Bush] and do business in Florida,” Klain will later recall. Klain instead pulls together an ad hoc team to be led by former Secretary of State Warren Christopher, now a lawyer in Los Angeles. Gore chooses Christopher because he believes Christopher will lend the team an image of decorous, law-abiding respectability. But, according to a 2004 Vanity Fair report, “Christopher set a different tone, one that would characterize the Democrats’ efforts over the next 35 days: hesitancy and trepidation.” One of Christopher’s first statements on the situation is given to Gore’s running mate Joseph Lieberman, with Christopher saying: “I think we should be aggressive in asserting our position. But we’ve got to temper what we do with the realization that the nation is focused on us and is expecting to act responsibly.” The Bush campaign’s approach is very different from that taken by the sometimes-timorous Christopher. Their quick-response campaign team is headed by Texas lawyer James Baker, a close Bush family friend and another former secretary of state. As Vanity Fair will write, the Bush team “dug in like a pit bull,” issuing frequent press statements that hew to the same line: Bush won the vote on the morning of November 8 (see 2:15 a.m. November 8, 2000 and After 3:30 a.m. November 8, 2000) and therefore is the legitimate president. Any attempts to alter that “fact” amount to “mischief.” Privately, Baker worries that the narrative is untenable, telling his team: “We’re getting killed on ‘count all the votes.’ Who the hell could be against that?” The Gore campaign will ask for manual recounts in four counties, Palm Beach, Broward, Miami-Dade, and Volusia (see November 9, 2000), and the choice of selective recounts, as opposed to asking for statewide recounts, gives Baker the opening he is looking for. [National Journal, 11/9/2000; Tapper, 3/2001; Vanity Fair, 10/2004]

Entity Tags: County of Palm Beach (Florida), Warren Christopher, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), Ron Klain, Vanity Fair, Joseph Lieberman, George W. Bush presidential campaign 2000, George W. Bush, County of Volusia (Florida), Nick Baldick, John Ellis (“Jeb”) Bush, James A. Baker, County of Broward (Florida)

Timeline Tags: 2000 Elections

ABC News’s Nightline broadcasts an hour-long analysis of the Florida election recount situation (see Early Morning, November 8, 2000 and November 9, 2000). However, host Ted Koppel interviews three representatives from the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) and none from the Gore campaign, leading to what the progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will later call a slanted report. All three Bush aides call the recount situation a “crisis” that must be resolved immediately (see Evening, November 8, 2000), deride reports of voter manipulation and minority voters denied their right to vote (see November 7, 2000), and accuse the Gore campaign of attempting to steal the election through legal maneuvering. “Koppel did not subject his guests to tough questioning,” FAIR will note. [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: ABC News, Fairness and Accuracy in Reporting, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000

Timeline Tags: 2000 Elections, Domestic Propaganda

In an editorial, the New York Times sounds a cautionary note about the Florida presidential election, warning both sides to avoid what it calls “scorched earth” solutions. It begins by accusing the Democratic presidential nominee, Vice President Al Gore, of “escalat[ing] the atmosphere of combat surrounding the presidential election results with his decision to go to court in Florida” (see November 10, 2000). The Times acknowledges that “Gore has a right as a private citizen to take his grievances to court. But he and Governor George W. Bush [the Republican candidate and apparent frontrunner] are also political figures seeking the world’s most important leadership position. Part of the test of presidential leadership, it seems to us, is finding a way to resolve electoral matters in the political arena.” The Times calls the Gore campaign’s discussion of potential lawsuits “worrying,” accuses it of a “rush to litigation,” and says the Gore campaign should not be using phrases like “constitutional crisis.” Nor should it talk about “efforts to block or cloud the vote of the Electoral College on December 18” (though Bush campaign advisors have threatened just such efforts—see November 1, 2000 and After). The Times says it agrees with CNN’s Bill Schneider that to challenge the machine tallies in Florida would be to choose a “treacherous path.” The Times acknowledges that reports of voting irregularities (see November 7, 2000, Mid-Morning, November 8, 2000, and November 9, 2000) “need to be taken seriously,” but not so much so as to question the results as already reported. To call for manual recounts or file legal challenges, the Times writes, would “paralyze… the succession process, undermine… the finality of presidential elections, and make… nervous a world that looks to the United States as a model of political stability. Neither the prospect of legal warfare nor Mr. Bush’s rush to put together a transition team is helpful at this point.” [New York Times, 11/10/2000]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Bill Schneider, US Electoral College, George W. Bush presidential campaign 2000, New York Times

Timeline Tags: 2000 Elections, Domestic Propaganda

Conservative columnist George Will lambasts the Gore presidential campaign for trying to “steal” the presidential election through unwarranted legal manipulation (see Early Morning, November 8, 2000 and November 9, 2000). Will begins his Washington Post column by comparing the Gore request for recounts to “the blue dress,” a reference to President Clinton’s affair with White House intern Monica Lewinsky, and accuses Democrats of “complaining that the Constitution should not be the controlling legal authority” over elections. Will continues: “The mendacity of Al Gore’s pre-election campaign is pertinent to the post-election chaos. He ran with gale-force economic winds at his back, and with a powerful media bias pulling him along.… Even on election night: by calling Florida for Gore before all Floridians had voted, the networks almost certainly hurt Republican turnout in Florida, and out West” (see 7:50 p.m., November 7, 2000). Will does not mention Fox News’s inaccurate call of Florida for Bush (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore is attempting to steal the election because of his “corrupt… hunger for power” and his “serial mendacity,” Will states, accusing Gore of “desperately seeking lawyering strategies and a friendly court to hand him the presidential election.” He is, Will states, the quintessential liberal, attempting to impose his will “through litigation rather than legislation. Liberalism’s fondness for judicial fiat rather than democratic decision-making explains the entwinement of the Democratic Party and trial lawyers.” Will ridicules reports that the Palm Beach County “butterfly ballot” may have denied Gore votes (see November 9, 2000), and calls Democrats’ questioning of that ballot “sinister.” The claims that Palm Beach voters were confused by the ballot are, Will writes, “baseless.” Will says that the November 17 addition of absentee ballots (see November 18, 2000), with their “large military, hence Republican, component,” will almost certainly lock down the Florida vote for Bush. However, Will writes, “Gore operatives probably will still toil to delegitimize the election. Their actions demolish the presidential pretensions of the dangerous man for whom they do their reckless work.” Will concludes: “All that remains to complete the squalor of Gore’s attempted coup d’etat is some improvisation by Janet Reno, whose last Florida intervention involved a lawless SWAT team seizing a 6-year-old [referring to Cuban-American youngster Elian Gonzales, whom Reno ordered to be sent back to Cuba with his father instead of being allowed to remain in the US with a group of more distant relatives]. She says there is no federal role, but watch for a ‘civil rights’ claim on behalf of some protected minority, or some other conjured pretext. Remember, Reno is, strictly speaking, unbelievable, and these things will continue until these people are gone.” [Washington Post, 11/12/2000] The progressive media watchdog organization Fairness and Accuracy in Reporting (FAIR) will note, “The comment about a ‘protected minority’ seems to be a reference to the complaints of voter fraud and intimidation coming from African-American communities in Florida” (see November 7, 2000). [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: Fairness and Accuracy in Reporting, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), George Will, Janet Reno, George W. Bush

Timeline Tags: 2000 Elections

The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 pdf file; Supreme Court of the United States, 12/9/2000 pdf file; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]

Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies

Timeline Tags: 2000 Elections

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: 2000 Elections, Civil Liberties

The state of Florida settles a voter discrimination suit filed by the National Association for the Advancement of Colored People (NAACP) in the wake of allegations of massive and widespread discrimination during the November 2000 elections (see November 7, 2000 and April 24, 2001). The class-action suit charged Database Technologies (DBT), a private firm hired by the Florida government, and Florida Secretary of State Katherine Harris with deliberately attempting to disenfranchise black voters. Florida agrees to provisions that nominally settle the problem, but by 2004 will have implemented virtually none of the corrective procedures mandated by the settlement. Miami-Dade, Broward, Leon, Volusia, and Duval Counties settled earlier rather than face trial. [Center for American Progress, 12/9/2010]

Entity Tags: National Association for the Advancement of Colored People, County of Broward (Florida), County of Duval (Florida), Katherine Harris, County of Leon (Florida), Database Technologies, County of Miami-Dade (Florida), County of Volusia (Florida)

Timeline Tags: 2000 Elections, Civil Liberties

The Republican Party provides Ohio election officials with lists of the people they have recruited to work as “challengers” on election day. According to a 1953 Ohio state law—which critics says is rooted in a blatantly racist 1886 statute that emerged after the Civil War—“challengers” are permitted to challenge the qualifications of voters who they suspect are not eligible to vote. [New York Times, 10/23/2004; Cincinnati Enquirer, 11/1/2004] Before a challenger can ask a poll worker to question a voter, it must first be shown that there is “reasonable” justification for doubting a voter’s qualifications. All eligible voters must be citizens, at least 18, a resident of the county and must have lived in Ohio for the previous 30 days. The Republicans’ list includes 3,600 challengers, many of whom will be working in the heavily Democratic urban neighborhoods of Cleveland, Dayton and other cities. For example 1,436 of the Republican challengers will be stationed in Cuyahoga County, which includes Cleveland, a Democratic stronghold. The Republicans claim that using challengers is necessary because the Democrats may have fraudulently registered thousands of ineligible voters. The Democrats enlist more than 2,000 recruits as challengers who they hope will protect legitimate voters from being denied their rights by their Republican counterparts. But in some of the most critical counties the Democrats will be grossly outnumbered. For Cuyahoga County, the Democrats will only have 300 challengers. [New York Times, 10/23/2004] Election officials are concerned about the huge number of challenges that are expected at the polls. “I’m not sure how we’re going to accomplish this,” says John Williams, deputy elections director in Hamilton County. “We’ve never had anything like this before.” Some fear that the challengers intend to reduce voter turnout. “Some observers worry the parties will indiscriminately challenge voters in heavily Democratic or Republican precincts as a strategy to discourage people from voting,” The Columbus Dispatch reports. [Columbus Dispatch, 10/23/2004]

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, Donald and Marian Spencer, elderly African American civil rights activists, go to federal district court to challenge the 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). Critics of the law say it is rooted in a blatantly racist 1886 statute that emerged after the Civil War. The couple is supported in their case by the Democrats. The couple complains that most of the Republican challengers will be deployed in the heavily black precincts in the Cincinnati area in order to suppress minority voters. [Cincinnati Enquirer, 11/1/2004; Los Angeles Times, 11/2/2004] David Maume, a sociologist from the University of Cincinnati, testifies that demographic data show a disproportionate number of Republican challengers would be sent to precincts that are predominantly Africa-American. Maume further explains that perhaps as many as 77 percent of black voters would encounter a challenger on Election Day, compared with 25 percent of white voters. There is “a clear correlation between a voting population that is black and the placement of Republican challengers,” Maume concludes. [Plain Dealer (Cleveland), 10/31/2004] The court resumes hearing on the case Sunday evening (see Evening, October 31, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, David Maume, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

In a fax to US District Judge Susan Dlott, Assistant Attorney General R. Alexander Acosta, offers the Justice Department’s unsolicited opinion on a pre-election lawsuit that has been filed by Donald and Marian Spencer (see October 29, 2004), elderly African American civil rights activists, who claim that Republican plans to deploy thousands of partisan challengers to Ohio polls on election day violates the US Constitution and the 1965 Voting Rights because it targets black neighborhoods in Hamilton County. Copies of the fax are sent to Al Gerhardstein, who is representing the Spencers, and Ohio Attorney General Jim Petro. [Beacon Journal (Akron, OH), 10/31/2004; Plain Dealer (Cleveland), 10/31/2004] Acosta writes in his letter that civil rights lawyers for the Bush administration’s Justice Department see no reason why the plan would be illegal. “[N]othing in the Voting Rights Act facially condemns challenge statutes,” the letter claims. Bush’s Justice Department also argues that “[r]estricting the ability of citizens to make challenges when they have such information would undermine the ability of election officials to enforce their own state laws that govern the eligibility for voting.” [Plain Dealer (Cleveland), 10/31/2004; Beacon Journal (Akron, OH), 10/31/2004; Los Angeles Times, 11/1/2004] Gerhardstein says he believes the Justice Department may have breached legal rules by contacting the judge directly. “It is totally unusual, it is unprecedented for the Justice Department to offer its opinions on the merits of a case like that,” he tells the Cleveland Plain Dealer. “This is the civil rights division saying it is OK for voters to be ambushed when they reach for a ballot.” [Plain Dealer (Cleveland), 10/31/2004] Similarly, he tells the Los Angeles Times: “The Justice Department is not a party to the case. They have not filed a motion to intervene in the case or filed an amicus brief. They volunteered information that goes beyond any federal interest.” [Los Angeles Times, 11/1/2004]

Entity Tags: US Department of Justice, R. Alexander Acosta, Marian Spencer, Al Gerhardstein, Donald Spencer, Susan J. Dlott

Timeline Tags: Civil Liberties, 2004 Elections

Ohio Attorney General Jim Petro, a Republican, files a suit in the 6th US Circuit Court of Appeals asking for a stay of the court decisions in Akron (See Late October 2004) and Cincinnati (See Evening, October 31, 2004). Petro claims that the two federal judges, one of whom was appointed by George Bush in 2002, are “injecting themselves” into the presidential elections and rewriting Ohio’s election laws. [Plain Dealer (Cleveland), 11/2/2004] The court will grant the stay early the following morning (See 1:24 a.m., November 1, 2004).

Entity Tags: Jim Petro

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, Donald and Marian Spencer, go to federal district court to resume their challenge (see October 29, 2004) of a 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). The couple contends that most of the Republican challengers will be working in the heavily black precincts in the Cincinnati area in order to suppress minority voters. The court decides early Monday morning (see 1:24 a.m., November 1, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

In Cincinnati, US District Judge Susan J. Dlott rules on a case brought by Donald and Marian Spencer (see Evening, October 31, 2004), in which the couple challenged the GOP’s plan to deploy challengers to polling sites in Hamilton County (see 4:00 p.m., October 22, 2004). Dlott, appointed by Clinton in 1994, rules against the Republican plan, noting that there is no need to have challengers since Ohio already requires the presence of election judges at precincts in order to avoid voter fraud. “Under Ohio law, each polling place is staffed by four election judges, no more than two of whom can be from a single party,” the Los Angeles Times explains. “One of the four is appointed by each county election board to be the presiding judge, who can rule on challenges to a voter’s qualifications.” Dlott warns in her 18-page decision that the Republican plan, if permitted, could cause “chaos, delay, intimidation and pandemonium inside the polls and in the lines outside the door.” She notes “that 14 percent of new voters in a majority white location will face a challenger… but 97 percent of new voters in a majority African American voting location will see such a challenger.” Dlott says also that the law permitting challengers does not sufficiently protect citizens’ fundamental right to vote. [Cincinnati Enquirer, 11/1/2004; Columbus Dispatch, 11/1/2004; Los Angeles Times, 11/2/2004; Cincinnati Enquirer, 11/2/2004] Dlott ruling is very similar to another one that is delivered a few hours later in a similar case in Akron (see Early Morning, November 1, 2004). Commenting on the two rulings, two election law experts, professor Edward Foley of Ohio State University Law School in Columbus and Richard L. Hasen of Loyola Law School in Los Angeles, both tell the Los Angeles Times that they consider it significant that the two judges have provided similar rationales for their rulings. “It is quite striking that the reasoning of both judges is the same and they echo one another,” Foley says. [Los Angeles Times, 11/2/2004]

Entity Tags: Susan J. Dlott, Marian Spencer, Richard L. Hasen, Edward Foley, Donald Spencer

Timeline Tags: Civil Liberties, 2004 Elections

The US 6th Circuit Court of Appeals overturns a ruling made by a federal district court the previous day (See Evening, October 31, 2004) which had barred Republicans from challenging voters at the polls (See 4:00 p.m., October 22, 2004). The appeals court is presided by three judges, two of which were appointed by Republican presidents—Judge John M. Rogers, who was appointed by President Bush in 2002, and Senior Judge James L. Ryan, who was appointed by President Reagan in 1985. Judge Rogers writes in the court’s decision: “Longer lines may, of course, result from delays and confusion when one side in a political controversy employs” challenges “more vigorously than in previous elections,” but “such a possibility does not amount to the severe burden upon the right to vote” that would justify a court order. Appeals Court Judge R. Guy Cole Jr., a 1995 appointee of President Clinton, disagrees. In his dissenting opinion, he says that under the Republican plan, “partisan challengers for the first time since the civil rights era seek to target precincts that have a majority African American population and without any legal standards or restrictions, challenge the voter qualifications of people as they stand waiting to exercise their fundamental right to vote.” He adds: “In this case, we anticipate the arrival of hundreds of Republican lawyers to challenge voter registration at the polls. Behind them will be hundreds of Democrat lawyers to challenge these challengers’ challenges. This is a recipe for confusion and chaos.” [Los Angeles Times, 11/2/2004]

Entity Tags: James L. Ryan, John M. Rogers, R. Guy Cole Jr.

Timeline Tags: Civil Liberties, 2004 Elections

Jesse Lee Peterson, appearing on a Fox News broadcast.Jesse Lee Peterson, appearing on a Fox News broadcast. [Source: Think Progress]The Reverend Jesse Lee Peterson attacks the Reverend Jesse Jackson for participating in what he calls a liberal conspiracy to “keep black[s] on the plantation of the Democratic Party.” Jackson has caused a media stir by raising questions about the fairness of the voting process in the November presidential elections in Ohio (see October 29, 2004 and Evening, October 31, 2004). Jackson, Peterson says, is part of an organized liberal effort to “keep black Americans angry in order to keep them on the plantation of the Democratic Party.” Peterson also accuses liberals of being the real racists in America, calls allegations that blacks were disenfranchised in the 2000 elections “a lie” (see November 7, 2000, November 7, 2000, November 7, 2000, 11:30 a.m. November 7, 2000, and Early Afternoon, November 7, 2000), and falsely claims that Democratic presidential candidate John Kerry (D-MA) supported reparations for slavery during his campaign. Peterson makes his remarks during an appearance on Fox News’s Hannity & Colmes. Co-host Sean Hannity is a member of BOND’s advisory board, and is quoted on the BOND Web site as calling Peterson “a great American” and “a man of conscience.” The liberal media watchdog organization Media Matters notes that Peterson has often attacked Jackson. Peterson’s organization, the Brotherhood Organization of a New Destiny (BOND), has held a “National Day of Repudiation of Jesse Jackson” for the last five years. In an August 2000 article in the John Birch Society’s New American magazine, Peterson called Jackson a “problem profiteer… who makes millions by exploiting and exacerbating racial tensions.” He wrote a 2003 book entitled Scam: How the Black Leadership Exploits Black America, in which he attacked Jackson, the Reverend Al Sharpton, and other black civil rights leaders. Peterson and BOND have led a boycott of the National Association for the Advancement of Colored People (NAACP), claiming the organization is “a tool of the liberal elite socialist wing of the Democratic Party.” And he is currently suing Jackson for assault and civil rights violations [Media Matters, 11/30/2004] (the case will be settled out of court in 2006 after a jury dismisses all but one charge against Jackson and deadlocks on the remaining charge). [Judicial Watch, 1/27/2006]

Entity Tags: John Birch Society, Al Sharpton, Brotherhood Organization of a New Destiny, Jesse Lee Peterson, John Kerry, Sean Hannity, Jesse Jackson, Media Matters, National Association for the Advancement of Colored People

Timeline Tags: Domestic Propaganda, 2004 Elections

Representative Phil Gingrey (R-GA) apologizes for criticizing conservative talk show hosts Rush Limbaugh and Sean Hannity. Gingrey was initially critical of Limbaugh and Hannity for not challenging President Obama on his proposed economic stimulus package strongly enough. “I mean, it’s easy if you’re Sean Hannity or Rush Limbaugh or even sometimes [former House Speaker] Newt Gingrich [R-GA] to stand back and throw bricks,” Gingrey said. “You don’t have to try to do what’s best for your people and your party.” Today Gingrey issues a lengthy apology for his words after receiving complaints from conservatives in his district and elsewhere. “I am one of you,” he tells supporters. “I regret and apologize for the fact that my comments have offended and upset my fellow conservatives—that was not my intent. I am also sorry to see that my comments in defense of our Republican leadership read much harsher than they actually were intended, but I recognize it is my responsibility to clarify my own comments.… As long as I am in the Congress, I will continue to fight for and defend our sacred values. I have actively opposed every bailout, every rebate check, every so called ‘stimulus.’ And on so many of these things, I see eye-to-eye with Rush Limbaugh.” Gingrey says that Limbaugh, Hannity, and Gingrich are “the voices of the conservative movement’s conscience.” Gingrey spokesman Chris Jackson says of the hosts, “Those guys are some our biggest supporters, and we need them.” Gingrey also makes a guest appearance on Limbaugh’s show where he berates himself for making his earlier criticisms, saying: “Rush, thank you so much. I thank you for the opportunity, of course this is not exactly the way to I wanted to come on.… Mainly, I want to express to you and all your listeners my very sincere regret for those comments I made yesterday to Politico.… I clearly ended up putting my foot in my mouth on some of those comments.… I regret those stupid comments.” [Think Progress, 1/28/2009; Phil Gingrey, 1/28/2009; CNN, 1/29/2009]

Entity Tags: Phil Gingrey, Chris Jackson, Newt Gingrich, Sean Hannity, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Dr. Laura Schlessinger.Dr. Laura Schlessinger. [Source: Wall Street Journal]Dr. Laura Schlessinger, a conservative radio host whose Dr. Laura show combines political commentary with medical and personal “life” advice, claims she will leave the airwaves after engaging in a lengthy on-air “rant” where she uses a racial slur multiple times. Schlessinger begins by welcoming an African-American woman, “Jade,” as a caller. Jade says she is resentful of her husband, who is white, using racial slurs and derogatory language with his family members, “who start making racist comments as if I’m not there or if I’m not black.” Schlessinger says that Jade may be “hypersensitive,” and after a brief exchange, says: “I think that’s—well, listen, without giving much thought, a lot of blacks voted for [President] Obama simply ‘cause he was half-black. Didn’t matter what he was gonna do in office, it was a black thing. You gotta know that. That’s not a surprise. Not everything that somebody says [is racist].” Jade asks, “How about the n-word?” Schlessinger responds: “Black guys use it all the time. Turn on HBO, listen to a black comic, and all you hear is ‘n_gger, n_gger, n_gger.‘… I don’t get it. If anybody without enough melanin says it, it’s a horrible thing; but when black people say it, it’s affectionate. It’s very confusing.” Schlessinger takes a commercial break after asking Jade to stay on the line, and upon her return, Jade says: “I was a little caught back by the n-word that you spewed out, I have to be honest with you. But my point is, race relations—” Schlessinger interjects, “Oh, then I guess you don’t watch HBO or listen to any black comedians.” Jade replies: “But that doesn’t make it right.… [R]acism has come to another level that’s unacceptable.” Schlessinger again overrides Jade’s comments, saying: “Yeah. We’ve got a black man as president and we have more complaining about racism than ever. I mean, I think that’s hilarious.” Jade says, “But I think, honestly, because there’s more white people afraid of a black man taking over the nation.” Schlessinger notes that those people are “afraid,” and after another exchange concerning Obama’s election, she accuses Jade of having a “[c]hip on your shoulder. I can’t do much about that.… Yeah. I think you have too much sensitivity… and not enough sense of humor.” It is all right to use racial slurs, Schlessinger says: “It’s—it depends how it’s said. Black guys talking to each other seem to think it’s okay.… So, a word is restricted to race. Got it. Can’t do much about that.” Jade, by this point clearly offended by the conversation, says, “I can’t believe someone like you is on the radio spewing out the ‘n_gger’ word, and I hope everybody heard it.” Schlessinger retorts, “I didn’t spew out the ‘n_gger’ word.” Jade responds, “You said, ‘N_gger, n_gger, n_gger.’” Schlessinger responds: “Right, I said that’s what you hear.… I’ll say it again… n_gger, n_gger, n_gger is what you hear on” black comedy broadcasts, and accuses Jade of trying to take her words “out of context. Don’t double N—NAACP me.… Leave them in context.” After concluding the call, Schlessinger tells her listeners: “Can’t have this argument. You know what? If you’re that hypersensitive about color and don’t have a sense of humor, don’t marry out of your race. If you’re going to marry out of your race, people are going to say: ‘Okay, what do blacks think? What do whites think? What do Jews think? What do Catholics think?’ Of course there isn’t a one-think per se. But in general there’s ‘think.’ And what I just heard from Jade is a lot of what I hear from black-think—and it’s really distressting [sic] and disturbing. And to put it in its context, she said the n-word, and I said, on HBO, listening to black comics, you hear ‘n_gger, n_gger, n_gger.’ I didn’t call anybody a n_gger. Nice try, Jade. Actually, sucky try.… Ah—hypersensitivity, okay, which is being bred by black activists. I really thought that once we had a black president, the attempt to demonize whites hating blacks would stop, but it seems to have grown, and I don’t get it. Yes, I do. It’s all about power. I do get it. It’s all about power and that’s sad because what should be in power is not power or righteousness to do good—that should be the greatest power.” [Media Matters, 8/12/2010; RTT News, 8/18/2010] The audio of the exchange between Schlessinger and Jade, and Schlessinger’s concluding remarks, is apparently deleted from the audio recording which is later posted on Schlessinger’s Web site. [Media Matters, 8/12/2010]
Apology - The next day, Schlessinger begins her show with an apology, saying in part: “I talk every day about doing the right thing. And yesterday, I did the wrong thing. I didn’t intend to hurt people, but I did. And that makes it the wrong thing to have done. I was attempting to make a philosophical point, and I articulated the n-word all the way out—more than one time. And that was wrong. I’ll say it again—that was wrong. I ended up, I’m sure, with many of you losing the point I was trying to make, because you were shocked by the fact that I said the word. I, myself, realized I had made a horrible mistake, and was so upset I could not finish the show. I pulled myself off the air at the end of the hour. I had to finish the hour, because 20 minutes of dead air doesn’t work. I am very sorry. And it just won’t happen again.… The caller in question… called for help from me, and didn’t get it, because we got embroiled in the n-word, and I’m really sorry about that, because I’m here for only one reason and that’s to be helpful, so I hope Jade or somebody who knows her is listening, and hope she will call me back and I will try my best to be helpful, which is what she wanted from me in the first place and what she did not get.” [Media Matters, 8/12/2010] “Jade,” the nickname of Nita Hanson, tells a CNN interviewer that she never intends to speak with Schlessinger again, saying, “There’s nothing she can do for me.” She says the entire episode was “still very hurtful,” and says she was confused by Schlessinger’s rant. “I thought I had said something wrong.” She has her own ideas as to why Schlessinger apologized: “I think she apologized because she got caught.” The racial epithet Schlessinger is “never okay” to use, Hanson says. “It’s a very hateful word.” [Orlando Sentinel, 8/19/2010] Civil rights leader Reverend Al Sharpton refuses to accept Schlessinger’s apology. During a CNN interview about the incident, Sharpton says that Schlessinger’s comment that people should consider not marrying outside of their race “despicable,” and adds, “She said the word over and over, and in a very animated way, I might add, but that she actually, if you listen carefully to the logic of what she was saying was that the n-word was not offensive.” [CNN, 8/13/2010]
Calls for Resignation - On August 13, the National Urban League, a politically moderate civil rights organization, issues a statement asking Talk Radio Network to drop Schlessinger from its syndicated broadcast schedule, and asks her to educate herself about racism. NUL president Marc H. Morial says: “The problem is not simply that Dr. Schlessinger used the n-word repeatedly, though that is offensive enough. Her comments to the caller showed a breathtaking insensitivity and ignorance about racial dynamics in the United States.” Morial notes that in her rant, an African-American caller complained that her white husband’s friends use racial slurs and racially demeaning comments, to which Schlessinger responded that the caller was “hypersensitive”; Morial says that Schlessinger’s most revealing comment was: “I don’t get it. If anybody without enough melanin says it, it’s a horrible thing, but when black people say it, it’s affectionate. It’s very confusing.” Morial says: “As she said, she doesn’t get it, and she is very confused about what constitutes racism. It’s beyond comprehension that Dr. Schlessinger would consider [the caller] ‘hypersensitive’ for being offended by the use of the n-word. We should be long past the point in this country where anyone should be advised to laugh off or ignore racist comments. I hope the Talk Radio Network agrees that we’ve had enough of negative racial attitudes, and drops the Dr. Laura show from syndication.” [National Urban League, 8/13/2010]
Defending Schlessinger - One of the few public figures to openly defend Schlessinger is former Governor Sarah Palin (R-AK), who issues a number of Facebook and Twitter posts in Schlessinger’s defense. “Does anyone seriously believe that Dr. Laura Schlessinger is a racist?” she asks on Facebook. “Anyone, I mean, who isn’t already accusing all conservatives, Republicans, tea party Americans, etc., etc., etc. of being racists?” A Twitter post reads, “Dr. Laura: don’t retreat… reload!” and says the “activists” seeking Schlessinger’s resignation are not “American” and “not fair.” [Jason Easley, 8/18/2010; The Grio, 8/20/2011]
Resignation, Claim that Her First Amendment Rights are under Attack by 'Special Interest Groups' - Eight days after her on-air rant, Schlessinger announces that she will conclude her radio show at the end of 2010. She explains: “I was attempting to make a philosophical point, and I articulated the n-word all the way out—more than one time. And that was wrong. I’ll say it again—that was wrong.” She tells CNN talk show host Larry King: “I want to be able to say what’s on my mind and in my heart and what I think is helpful and useful without somebody getting angry or some special-interest group deciding this is a time to silence a voice of dissent.… I decided it was time to move on to other venues where I could say my piece and not have to live in fear anymore.” Schlessinger claims that her First Amendment right to free speech is being constrained: “My contract is up at the end of the year, and I have made the decision not to do radio anymore. The reason is, I want to regain my First Amendment rights. I want to be able to say what’s on my mind and in my heart and what I think is helpful and useful without somebody getting angry, some special interest group deciding this is the time to silence a voice of dissent and attack affiliates, attack sponsors. I’m sort of done with that.” [Washington Post, 8/17/2010; RTT News, 8/18/2010; New York Times, 8/27/2010] Political commentator John Ridley calls Schlessinger’s claims that her “First Amendment” rights are being “trampled” “absurd.” On CNN, Ridley says: “The First Amendment, and a lot of people say this all the time, it pertains to the government impeding freedom of religion, freedom of speech.… No one’s impeding her First Amendment rights. If she wants to retire, that’s fine, but to say that for some reason someone disagrees with her, that she’s being maligned or in some way shoved off the airwaves, to me is absurd. You know, that’s her idea of an apology, to victimize herself.” [Media Matters, 8/17/2010] The president of Media Matters for America, the progressive media watchdog organization, Eric Burns, applauds Schlessinger’s decision. Burns says: “Dr. Laura’s radio career ended in disgrace tonight because of the bigoted, ugly, and hateful remarks made on her show. Americans have had enough. Listeners are now holding hosts, affiliates, and sponsors accountable for the offensive and inexcusable content on the airwaves.” The New York Times notes that Schlessinger has repeatedly weathered criticism for her anti-homosexual comments and false claims that “huge” numbers of male homosexuals are “predatory on young boys.” [New York Times, 8/27/2010]
No Departure - Instead of leaving the airwaves as she claims she will do, Schlessinger will move her show from broadcast radio to satellite radio’s Sirius XM (see November 26, 2010).

Entity Tags: National Urban League, Larry King, Laura Schlessinger, Marc H. Morial, John Ridley, Eric Burns, Nita Hanson, Barack Obama, CNN, Talk Radio Network, Al Sharpton, New York Times, Sarah Palin

Timeline Tags: Domestic Propaganda

Responding to a recent tirade by talk-show host Dr. Laura Schlessinger in which Schlessinger repeatedly used the racial slur “n_igger” in conversation with an African-American woman (see August 10-18, 2010), the progressive media watchdog organization Media Matters asks advertisers to stop purchasing advertising on Schlessinger’s show. Media Matters president Eric Burns says in a press release: “Dr. Laura’s offensive outburst provided listeners with a window into her true beliefs about race in America. By deliberately choosing to sponsor her program, Dr. Laura’s advertisers are not only funding her offensive radio show, but are implicitly endorsing its content. Companies must demonstrate that they won’t tolerate bigotry and immediately stop advertising on her show.” Media Matters identifies some of the companies purchasing advertising on Schlessinger’s show as Pfizer, Chase Bank, Netflix, Motel 6, and Home Depot. [Media Matters, 8/13/2010] General Motors and other advertisers will drop their advertising on Schlessinger’s show. [Media Matters, 8/18/2010]

Entity Tags: General Motors, Eric Burns, Laura Schlessinger, Media Matters

Timeline Tags: Domestic Propaganda

Talk show host Dr. Laura Schlessinger, who recently promised to leave the airwaves after repeatedly using the racial slur “n_igger” in conversation with an African-American woman (see August 10-18, 2010), claims that she is being persecuted by critics who refuse to accept her apology for her use of such slurs. On her show, she says she has been “sitting shiva” (a reference to Jewish funeral rites) for a month while “the hounds of fury misinterpret [and] misrepresent her apology as well as [her] decision” to leave the airwaves at the end of 2010. She cites black activist Reverend Al Sharpton, radio host Howard Stern, black comic Wanda Sykes, the liberal media watchdog organization Media Matters (see August 13, 2010), the NAACP, the National Urban League, and others for “pelting me with insults[,] calling me a racist,” and celebrating her imminent departure. She denies that she is leaving radio so she can make racial slurs with impunity, as she says her critics have implied she is doing. [Media Matters, 9/7/2010]

Entity Tags: Media Matters, Al Sharpton, Howard Stern, Laura Schlessinger, Wanda Sykes, National Association for the Advancement of Colored People, National Urban League

Timeline Tags: Domestic Propaganda

Talk show host Dr. Laura Schlessinger, who recently promised to leave the airwaves after repeatedly using the racial slur “n_igger” in conversation with an African-American woman (see August 10-18, 2010), says that an organization calling for advertisers to boycott her show is perpetuating Nazi tactics to “persecute” her. Schlessinger is referring to progressive media watchdog organization Media Matters, which issued a statement calling for the boycott in the days after she made her now-infamous broadcast (see August 13, 2010). She calls Media Matters and other critics “ultra-liberals,” and says “small interest groups” (presumably African-Americans) “supported and aided by political parties” (presumably Democrats) are working to supplant government-sanctioned freedom of speech with “the right not to be offended.” “That’s how it started in Germany,” she says. “That’s how it started in Communist China. That’s how it is right now in Iran.” She adds that “the thought police” are in full hue and cry after her. [Media Matters, 9/8/2010] The day before, Schlessinger claimed she was being “persecuted” by liberal and African-American critics (see September 7, 2010).

Entity Tags: Media Matters, Laura Schlessinger

Timeline Tags: Domestic Propaganda

Siriun XM logo.Siriun XM logo. [Source: Reuters]Talk show host Dr. Laura Schlessinger, who recently promised to leave the airwaves after repeatedly using the racial slur “n_igger” in conversation with an African-American woman (see August 10-18, 2010), announces that she will not leave the airwaves. Instead, Schlessinger is moving her syndicated radio show from the broadcast milieu to satellite radio. Schlessinger has signed a “multiyear deal” with Sirius XM Radio, according to a spokesperson. Schlessinger has repeatedly said she would be leaving the airwaves after her tirade, accusing her critics of “persecuting” her and denying her right to freedom of speech (see September 7, 2010 and September 8, 2010). Her broadcast program will end on Friday, December 31, 2010. Her Sirius XM show will begin the following Tuesday, January 3, 2011. Schlessinger explains why she chose to go with Sirius XM instead of leaving the airwaves: “The first and most important thing that appealed to me was the freedom to speak my mind without advertisers and affiliates being attacked by activist groups that just love to censor anything they don’t agree with,” she says. “That just about made my heart and head explode.” She cites pressure from the progressive media watchdog organization Media Matters as driving her initial decision to leave radio (see August 13, 2010). She says she is sure her new show will offend some people. Michael Harrison of the trade publication Talkers says, “She will have far less listeners now, but she will be able to superserve her core [audience] with less compromise.” He says Schlessinger may do better on satellite radio since “since she appears to be more thin-skinned than most personalities in talk radio, although professionally she’d be better off with a combination of satellite and terrestrial radio.” Media Matters official Ari Rabin-Havt says her show will remain fundamentally the same. “Her influence and her ability to impact a wide audience has clearly decreased,” he says. [Associated Press, 11/26/2010; Media Matters, 11/27/2010]

Entity Tags: Laura Schlessinger, Ari Rabin-Havt, Michael Harrison, Sirius XM Radio, Media Matters

Timeline Tags: Domestic Propaganda

Talk show host Dr. Laura Schlessinger, who recently promised to leave the airwaves after repeatedly using the racial slur “n_igger” in conversation with an African-American woman (see August 10-18, 2010) before reversing course and signing a contract to appear on satellite radio (see November 26, 2010), denies doing anything objectionable in an NBC interview. Schlessinger appears as a guest on NBC’s Today show and is interviewed by Matt Lauer. Schlessinger says she was “astounded” by the criticism following her racially inflammatory tirade because “I didn’t call her a name and I brought up an important point,” referring to her repeated claims that using the term “n_gger” seems to be acceptable when used by black comedians. She says that “many parts of the black community” are responsible for “keeping that word alive,” not white conservatives such as herself. Schlessinger also falsely claims that the woman in the conversation “went to the NAACP and said I called her that name” on the air. She concludes that her “point was well made” but “inartfully” done. [Media Matters, 1/18/2011]

Entity Tags: Matt Lauer, Laura Schlessinger

Timeline Tags: Domestic Propaganda

Comedian Bill Maher, a liberal-libertarian who hosts the political talk show Real Time on HBO, gives a performance in Dallas that includes a number of profanities and a crude sexual epithet aimed at former Governor Sarah Palin (R-AK). After insulting opponents of gay marriage and calling Democrats “p_ssies” for not actively supporting a repeal of the ban on gays in the military, he calls Palin a “c_nt,” and adds, “[T]here’s just no other word for her.” The next night, on his show, he says Palin and Representative Michele Bachmann (R-MN) are two “bimbos” suitable for the old television show Gilligan’s Island. “Michele Bachmann this week threw her hat into the ring, kind of. We think she’s going to be running for president for those who find Sarah Palin too intellectual,” Maher says. “If Bachmann and Palin get in, that’s two bimbos. And then there’s Mitt Romney (R-MA), a millionaire. And Newt Gingrich (R-GA), a professor. We just need a ‘Skipper’ and a ‘Buddy,’ and we’ve got ‘Gilligan’s Island.’” [Dallas Voice, 3/28/2011; CityPages, 3/28/2011] Maher will refuse to apologize. Almost a year later, he will reference the rhetoric and say he has no need to apologize because he has no sponsors to placate: “I sometimes called Sarah Palin a bad name.… I don’t have sponsors, I’m on HBO.” [Mediaite, 3/3/2012]

Entity Tags: Sarah Palin, Bill Maher, Home Box Office, Michele Bachmann

Timeline Tags: Domestic Propaganda

MSNBC talk show host Ed Schultz calls right-wing talk show host Laura Ingraham a “right-wing slut” on his radio broadcast. He issues an emotional apology shortly thereafter and is voluntarily suspended from MSNBC for a week. Schultz is discussing the recent spate of tornadoes in Missouri, and the criticisms of President Obama’s response to the tornadoes from some conservatives such as Ingraham. He says to his listeners: “President Obama is going to be visiting Joplin, Missouri, on Sunday but you know what they’re talking about, like this right-wing slut, what’s her name? Laura Ingraham? Yeah, she’s a talk slut. You see, she was, back in the day, praising President Reagan when he was drinking a beer overseas. But now that Obama’s doing it, they’re working him over.” The next day, Schultz delivers a seven-minute apology on his MSNBC show and then leaves the air, replaced by MSNBC anchor Thomas Roberts. Schultz says in part: “On my radio show yesterday I used vile and inappropriate language when talking about talk show host Laura Ingraham. I am deeply sorry and I apologize. It was wrong, uncalled for, and I recognize the severity of what I said. I apologize to you, Laura, and ask for your forgiveness. It doesn’t matter what the circumstances were. It doesn’t matter that it was on radio and I was ad-libbing. None of that matters. None of that matters. What matters is what I said was terribly vile and not of the standards that I or any other person should adhere to. I want all of you to know tonight that I did call Laura Ingraham today and did not make contact with her and I will apologize to her as I did in the message that I left her today. I also met with management here at MSNBC, and understanding the severity of the situation and what I said on the radio and how it reflected terribly on this company, I have offered to take myself off the air for an indefinite period of time with no pay. I want to apologize to Laura Ingraham. I want to apologize to my family, my wife. I have embarrassed my family. I have embarrassed this company.… This is the lowest of low for me.… I stand before you tonight to take full responsibility for what I said and how I said it, and I am deeply sorry.… In this moment, I have failed. And I want you to know that I talked to my sons especially about character and about dignity and about the truth. And I tell you the truth tonight that I am deeply sorry and I tell them every day that they have to live up to standards if they want to be a successful human being in life. And I have let them down. I have never been in this position before to the point where it has affected so many people. And I know that I have let a lot of people down. To the staff here at MSNBC, I apologize for embarrassing the company and the only way that I can really make restitution for you is to give you a guarantee, and the only way that I can prove my sincerity in all of this is if I never use those words again. Tonight, you have my word that I won’t. Laura Ingraham, I am sorry. Very sorry. I’ll be back with you in the coming days.” Ingraham posts on Twitter that she accepts Schultz’s apology. Mediaite’s Tommy Christopher writes: “Schultz’s apology was as full and heartfelt as any I have ever seen from a media figure (as it should have been).… More than anything, Schultz seemed to grasp the gravity of what he had said, and his shame and embarrassment were palpable as he asked Ingraham for forgiveness.” [TPMDC, 5/25/2011; Mediaite, 5/25/2011; ABC News, 3/5/2012]

Entity Tags: Tommy Christopher, Barack Obama, Edward Andrew (“Ed”) Schultz, Thomas Roberts, Laura Ingraham, MSNBC

Timeline Tags: Domestic Propaganda

Sandra Fluke.Sandra Fluke. [Source: Alex Wong / Getty Images / New York Times]Conservative radio talk show host Rush Limbaugh insults Sandra Fluke, the Georgetown University law student who testified in favor of federal law mandating that health care providers pay for contraception (see March 1, 2012), as a “slut” and a “prostitute” who wants the government to pay her for having sex. On his radio show, Limbaugh, who wrongly identifies her as “Susan” Fluke, says: “What does it say about the college coed Susan Fluke, who goes before a congressional committee and essentially says that she must be paid to have sex? What does that make her? It makes her a slut, right? It makes her a prostitute. She wants to be paid to have sex. She’s having so much sex she can’t afford the contraception. She wants you and me and the taxpayers to pay her to have sex. What does that make us? We’re the pimps. The johns, that’s right. We would be the johns—no! We’re not the johns. Well—yeah, that’s right. Pimp’s not the right word. Okay, so, she’s not a slut. She’s round-heeled. I take it back.” Think Progress reporter Alex Seitz-Wald comments on Limbaugh’s characterization, “While it’s probably not even worth engaging with Limbaugh on the facts, Fluke’s testimony was about a friend who is a lesbian and needed birth control for non-sexual medical reasons, so he’s only wrong about three times over, and offensive many more times over than that.” Seitz-Wald notes that Fluke never discussed her own use, or non-use, of contraception, nor did she allude to her sexual activities at all. [Media Matters, 2/29/2012; Think Progress, 2/29/2012; Think Progress, 3/1/2012]
Misrepresentation - Seitz-Wald will note that Limbaugh is deliberately misrepresenting Fluke’s position and the position of Congressional Democrats. “Fluke’s testimony, and the entire contraception debate, is about insurance companies paying for contraception as part of their health coverage, the… way they pay for any other medication, such as Viagra. Morevoer, Fluke’s testimony was not about herself, but about a friend who need contraception to fight cancer and other fellow law students. This conservative narrative, which is pure fantasy, seems to be based on a single bogus article from Cybercast News Service (CNS), which Limbaugh repeatedly cites, with the ludicrous headline, ‘Sex-Crazed Co-Eds Going Broke Buying Birth Control, Student Tells Pelosi Hearing Touting Freebie Mandate.’” [CNS News, 2/29/2012; Think Progress, 3/2/2012]
Other News Outlets Join Limbaugh - Other conservative news outlets join Limbaugh in attacking Fluke and other women who use contraception. In the article cited by Limbaugh, CNS’s Craig Bannister says that “sex-crazed co-eds” like Fluke should cut back on the amount of sex they’re having to pay for other needs such as books and food. Fox News’s Trace Gallagher mocks Fluke, saying: “And see, I was gonna go to law school, but I thought all you did was study in law school, right? So, I guess I was wrong on that.” Fox News correspondent Monica Crowley says the government should not pay Fluke and others to have “recreational sex.” CNN commentator Dana Loesch calls Fluke and other women “nymphos” for wanting access to contraceptives, and says Fluke and feminists “support… female genocide.” [Media Matters, 2/29/2012; CNS News, 2/29/2012]
Fox Business Commentator: Fluke's Testimony Part of a Pro-Abortion Scheme by House Minority Leader - On Fox Business Channel’s Lou Dobbs Tonight, regular guest Bill Donohue calls Fluke a “little brat.” Dobbs asks Donohue to comment on what he calls Fluke’s demand that she be given free contraception, a mischaracterization of Fluke’s testimony (and one contradicted by the clip of her testimony Dobbs plays before Donohue’s comments). Donohue begins by lambasting Georgetown for having a group called “Hoyas for Choice,” which he calls “Hoyas for Abortion,” but not groups like “Hoyas for Racism” or “Hoyas for Anti-Semitism.” Donohue suggests that the university and Hoyas for Choice raise “the nine dollars a month” Fluke needs for her personal contraception needs, and Dobbs notes that Georgetown is “one of the most expensive universities in the country.” Donohue attacks Fluke for “obviously dressing well” but then asking taxpayers to pay for her contraception and, without basis in fact, for her university education to boot. Why aren’t taxpayers funding his anti-gout medication? he asks. “This is what we’ve come down to in this country,” he concludes. “You have these little brats who come on TV and they testify and they say, ‘I want, I want, I want,’ and somehow I have a moral responsibility? They have a lien on me to pay this? It’s all about getting the Catholic Church, obviously, to pay for their abortion-inducing drugs, which is why we’re having this debate.” Donohue says that Fluke’s testimony is part of a scheme by House Minority Leader Nancy Pelosi (D-CA), “who actually brought her on there to speak,” to force the Catholic Church to amend its position on abortion. [Media Matters, 2/29/2012]
'Shockingly Ugly Hatred' - Conservative blogger Charles Johnson, who in recent years has become highly critical of the race- and gender-based rhetoric from the right, writes that the right’s reaction to Fluke constitutes “shockingly ugly hatred,” and says Limbaugh’s attack is “another step into the gutter.” [Charles Johnson, 2/29/2012] Atlantic columnist Ta-Nehisi Coates agrees with Johnson, noting that Limbaugh is not just an “entertainer,” but a powerful opinion leader of the Republican Party, and says that Limbaugh’s comments are part of what Coates calls “the normalization of cruelty” and “evidence of the lowest aspects of humanity.” [Atlantic, 3/1/2012] Eric Boehlert, a senior writer at the liberal media watchdog Web site Media Matters, calls Limbaugh’s “radio outburst” an example of his “rancid misogyny,” and writes: “[I]t was perhaps the talk show host’s incessant need to bully powerless people from the safety of his studio that was so striking. That, and the glee Limbaugh seemed to take in not only maligning the young woman, but her parents as well. It’s jaw-dropping.” Boehlert goes on to remind readers that Limbaugh is not just a voice on the radio or an entertainer, but “the voice of America’s conservative movement, as well as the Republican Party.” [Media Matters, 3/1/2012]
House Democrats Call for Condemnation - House Democrats, including Pelosi, call for Republican Congressional leaders to condemn Limbaugh’s remarks (see February 29, 2012).
Statement from Law Student - Fluke will issue a statement repudiating Limbaugh’s rhetoric (see March 1, 2012).
Continued Attacks - Limbaugh will continue his attacks on Fluke the next day (see March 1, 2012).

Entity Tags: Eric Boehlert, Alex Seitz-Wald, Trace Gallagher, Bill Donohue, Dana Loesch, Craig Bannister, Charles Johnson, Ta-Nehisi Coates, Cybercast News Service, Rush Limbaugh, Georgetown University, Sandra Fluke, Fox Business Channel, Lou Dobbs, Fox News, Nancy Pelosi, Monica Crowley, Republican Party

Timeline Tags: Domestic Propaganda

Conservative talk show host Rush Limbaugh spends much of his three-hour show lambasting Georgetown University law student Sandra Fluke, who testified in opposition to a House amendment that would have allowed health care providers to deny contraceptive coverage and other health care necessities if they had religious or moral objections (see March 1, 2012). The day before, Limbaugh called Fluke a “slut” and a “prostitute” who is having “so much sex she can’t afford the contraception” and wants the government to pay for it (see February 29, 2012). Limbaugh begins by saying that Fluke and others who criticized his comments (see February 29, 2012 and March 1, 2012) were having “a conniption fit” that he finds “hilarious.” He offers a compromise, offering to buy “all the women at Georgetown University as much aspirin to put between their knees as possible” (see February 16-17, 2012), and says he believes he is being “quite compassionate.” Limbaugh later returns to the topic, saying that having the government pay for contraception is “flat-out thievery” that would force taxpayers to pay to “satisfy the sexual habits of female law students at Georgetown.” He characterizes Fluke’s objections to the House amendment as her saying: “I’m going broke having sex. I need government to provide me condoms and contraception. It’s not fair.… Ms. Fluke, have you ever heard of not having sex? Have you ever heard of not having sex so often?… Who bought your condoms in junior high? Who bought your condoms in the sixth grade? Or your contraception. Who bought your contraceptive pills in high school?” He says Fluke is apparently “having so much sex, it’s amazing she can still walk.… She and her co-ed classmates are having sex nearly three times a day for three years straight, apparently these deadbeat boyfriends or random hookups that these babes are encountering here, having sex with nearly three times a day.” He advises Fluke that she can get “free condoms and lube” from the Washington, DC, Department of Health. He then says: “So, Ms. Fluke and the rest of you feminazis (see May 21, 2007 and July 2008), here’s the deal. If we are going to pay for your contraceptives, and thus pay for you to have sex, we want something for it, and I’ll tell you what it is. We want you to post the videos online so we can all watch.” He finishes his tirade by accusing Fluke of being “a plant… an anti-Catholic plant from the get-go” who is working behind the scenes as part of a “Democratic plot” to “create a new welfare program and, at the same time, try to cast Republicans in an election year as anti-female.” Fluke, he says, is “a woman who is happily presenting herself as an immoral, baseless, no-purpose-to-her life woman. She wants all the sex in the world whenever she wants it, all the time, no consequences. No responsibility for her behavior.” He concludes that he, not Fluke, is the victim, and says he is being persecuted by those who wish to see him removed from the airwaves. [Think Progress, 3/1/2012; Media Matters, 3/1/2012; MSNBC, 3/2/2012]

Entity Tags: Rush Limbaugh, Sandra Fluke, Georgetown University

Timeline Tags: Domestic Propaganda

For the third straight day, conservative talk show host Rush Limbaugh spends the majority of his show attacking Georgetown University law student Sandra Fluke, who testified in opposition to a House amendment that would have allowed health care providers to deny contraceptive coverage and other health care necessities if they had religious or moral objections (see March 1, 2012). On Wednesday, February 29, Limbaugh called Fluke a “slut” and a “prostitute” who is having “so much sex she can’t afford the contraception” and wants the government to pay for it (see February 29, 2012); on Thursday, Limbaugh continued to smear Fluke’s character and demanded that if she wanted the government to pay her to have sex, then he wanted her to post videos of her having sex online so the public could watch (see March 1, 2012). Today, Limbaugh defends his earlier comments, saying: “This woman comes forth with this frankly hilarious claim that she’s having so much sex, and her buddies with her, that she can’t afford it. And not one person says, ‘Did you ever think about maybe backing off the amount of sex that you have?’” He goes on to say that asking health insurers to cover contraception is “no different than if somebody knocked on my door that I don’t know and said: ‘You know what? I’m out of money. I can’t afford birth-control pills, and I’m supposed to have sex with three guys tonight.’” Limbaugh calls criticism of his call for Fluke to post sex videos online “absurd,” saying his critics should “realize that we’re illustrating absurdity here by being absurd” and that people should “lighten up.” Limbaugh initially refuses to comment on Fluke receiving a telephone call of support from President Obama (see March 2, 2012), saying, “I’m gonna button my lip on that one.” However, in response to Obama’s remark that Fluke’s parents should be proud of her, Limbaugh says that if his daughter had testified that “she’s having so much sex she can’t pay for it and wants a new welfare program to pay for it,” he’d be “embarrassed” and “disconnect the phone,” “go into hiding,” and “hope the media didn’t find me.” He also says, apparently sarcastically: “Oh that’s touching, Obama just called Sandra Fluke to make sure she’s all right. That is so compassionate, what a great guy.” Limbaugh denies he hates women, and defines “misogynist” as “a man who hates women almost as much as women hate women.” He observes that Fluke is having so much sex that her boyfriends are “lined up around the block. They would have been in my day.… [Fluke’s] sex life is active. She’s having sex so frequently that she can’t afford all the birth-control pills that she needs. That’s what she’s saying.” As with his remarks yesterday, he concludes that he, not Fluke, is the victim in this controversy, saying: “And amazingly, when there is the slightest bit of opposition to this new welfare entitlement to be created, that all of a sudden, we hate women, we want them barefoot and pregnant in the kitchen, all of these other things. And so, that’s where we are. And so, at the end of this week, I am this person that the women of America are to fear the most.” [Media Matters, 3/1/2012; CBS News, 3/2/2012; Think Progress, 3/2/2012] Liberal blogger David Atkins writes after Limbaugh’s broadcast that judging from his remarks, Limbaugh thinks female birth control pills work like Viagra—the more sex one wishes to have, the more pills one must take. “Anyone remotely familiar with oral contraceptives knows that to work properly, women have to take one pill a day over the course of their monthly cycle. It doesn’t matter if you have unprotected sex once a month or 300 times a month. It’s still the same number of pills, and therefore the same cost. How much sex someone has is utterly irrelevant to the cost of contraception unless they choose to abstain for the entire month.” Atkins writes that Limbaugh is combining ignorance and misogyny in his attacks on Fluke. If indeed Limbaugh does think that female birth control works like Viagra, Atkins writes, “Rush assumes that since it costs him money every time he has sex, it must cost a female college student money, too.” [David Atkins, 3/2/2012]

Entity Tags: Rush Limbaugh, Sandra Fluke, Barack Obama, David O. Atkins

Timeline Tags: Domestic Propaganda

Conservative radio show host Rush Limbaugh issues an apology for his three-day verbal assault on Georgetown University law student Sandra Fluke. Fluke testified in opposition to a House amendment that would have allowed health care providers to deny contraceptive coverage and other health care necessities if they had religious or moral objections (see March 1, 2012) and was vilified by Limbaugh (see February 29, 2012, March 1, 2012, and March 2, 2012). Limbaugh, echoing claims from his anti-Fluke broadcasts, claims he was merely joking in calling Fluke a “slut” and a “prostitute,” alleging that she wanted the government to pay for her having promiscuous sex, and demanding that she post online videos of the sex he claimed he would be paying for. On his blog, Limbaugh writes: “For over 20 years, I have illustrated the absurd with absurdity, three hours a day, five days a week. In this instance, I chose the wrong words in my analogy of the situation. I did not mean a personal attack on Ms. Fluke. I think it is absolutely absurd that during these very serious political times, we are discussing personal sexual recreational activities before members of Congress. I personally do not agree that American citizens should pay for these social activities. What happened to personal responsibility and accountability? Where do we draw the line? If this is accepted as the norm, what will follow? Will we be debating if taxpayers should pay for new sneakers for all students that are interested in running to keep fit? In my monologue, I posited that it is not our business whatsoever to know what is going on in anyone’s bedroom nor do I think it is a topic that should reach a presidential level (see March 2, 2012). My choice of words was not the best, and in the attempt to be humorous, I created a national stir. I sincerely apologize to Ms. Fluke for the insulting word choices.” [Rush Limbaugh, 3/3/2012] Premiere Radio Networks, the subsidiary of Clear Channel Entertainment that distributes Limbaugh’s show, quickly emails the apology to reporters, but initially declines to comment. Limbaugh’s chief of staff Kit Carson refuses to comment as well. On March 4, the network will email a statement by a spokesperson that reads: “The contraception debate is one that sparks strong emotion and opinions on both sides of the issue. We respect the right of Mr. Limbaugh, as well as the rights of those who disagree with him, to express those opinions.” The company refuses to divulge the names of the largest advertisers on Limbaugh’s show, nor how much revenue Premiere is losing by the advertiser defections. A Twitter account called “Stop Rush” posts: “I think this attempt at damage control labeled as an apology actually makes things worse. You know what Rush’s so-called apology means? Your efforts at delivering real accountability are working!” MSNBC talk show host Lawrence O’Donnell posts on Twitter, “Lawyers wrote that apology.” [New York Times, 3/3/2012; Associated Press, 3/4/2012] Think Progress reporter Alex Seitz-Wald notes that Limbaugh conflates contraception with governmental purchases of sneakers, and continues to imply that Fluke and other women advocate for contraception coverage solely for their own personal sexual activities. Seitz-Wald recalls that Fluke testified to Congress on behalf of a friend who needed birth control pills to manage polycystic ovarian syndrome. [Think Progress, 3/3/2012] Liberal blogger Kaili Jo Gray writes in response: “Shorter Rush: ‘I’m sorry if any sluts were offended by being called sluts, but if they’d stop being sluts, I wouldn’t have to call them sluts.’ Obviously, the campaign to demand that Rush’s sponsors pull their advertising from his show is working” (see March 2, 2012 and After). [Kaili Jo Gray, 3/3/2012] Others agree. Representative Debbie Wasserman Schultz (D-FL), the Democratic National Committee chair, says, “I know he apologized, but forgive me, I doubt his sincerity, given that he lost at least six advertisers.” And Eric Boehlert of the progressive media watchdog Web site Media Matters says he doubts the apology will “stop the pressure that’s being applied to his advertisers.” In an email, Boehlert says, “His comments were so egregious, naturally advertisers will have doubts about being associated with Limbaugh’s brand of hate.” [New York Times, 3/5/2012] It is possible that Limbaugh issues the apology in hopes of fending off a lawsuit by Fluke (see March 2, 2012) and/or to stop advertisers from removing themselves as sponsors of his show. Regardless, the exodus will intensify, and will spread to advertisers asking that their ads be removed from Limbaugh’s political talk-show colleagues as well as from his own show (see March 9, 2012).

Entity Tags: Clear Channel, Lawrence O’Donnell, Debbie Wasserman Schultz, Eric Boehlert, Kit Carson, Alex Seitz-Wald, Sandra Fluke, Kaili Jo Gray, Premiere Radio Networks, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Peggy Noonan, a conservative commentator and former advisor in the first Bush administration, denounces talk show host Rush Limbaugh’s three-day vilification of Georgetown law student Sandra Fluke (see February 29, 2012, March 1, 2012, and March 2, 2012). On ABC’s Sunday morning talk show This Week, Noonan says: “What Rush Limbaugh said was crude, rude, even piggish, it was just unacceptable, he ought to be called on it. I’m glad he has apologized (see March 3, 2012). I guess there will be a debate now about the nature of the apology. But what he said was also destructive.” Noonan says Limbaugh’s statements “confused the issue. It played into this trope that the Republicans have a war on women. No, they don’t, but he made it look they that way. It confused the larger issue which is the real issue, which is ‘Obamacare,’ and its incursions against religious freedoms, which is a serious issue. It was not about this young lady at Georgetown.” [Media Matters, 3/4/2012; TPM LiveWire, 3/4/2012]

Entity Tags: Peggy Noonan, Sandra Fluke, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Columnist and author David Frum, a former speechwriter for President George W. Bush, says that conservatives’ complaints that talk show host Rush Limbaugh is not being treated fairly over the Sandra Fluke controversy (see February 29, 2012, March 1, 2012, March 2, 2012, March 5, 2012, and March 3, 2012) are specious. Frum says that conservatives note that while Limbaugh may have said some unacceptable things about Fluke, liberals and Democrats have also said unacceptable things. Frum says that the conflation is irrelevant. He writes: “Even by the rough standards of cable/talk radio/digital talk, Limbaugh’s verbal abuse of Sandra Fluke set a new kind of low. I can’t recall anything as brutal, ugly, and deliberate ever being said by such a prominent person and so emphatically repeated. This was not a case of a bad ‘word choice.’ It was a brutally sexualized accusation, against a specific person, prolonged over three days.” Frum notes that several media figures putatively on the left, including late-night hosts David Letterman and Bill Maher, and liberal MSNBC host Ed Schultz, have said unacceptable things themselves, with conservatives complaining that they faced no consequences. Frum notes that such complaints are not true. Schultz called a female talk show host a “slut” and not only apologized, but was suspended from MSNBC (see May 24-25, 2011). Letterman, after insulting former Govenor Sarah Palin’s daughter, “delivered an abject seven-minute apology” on the air. (Frum notes that Palin refused to accept the apology and insinuated that Letterman was a pedophile.) Maher used a crude sexual epithet against Palin, and to date has refused to apologize for it (see March 27-28, 2011). However, Frum notes, neither Letterman, Schultz, nor Maher has anywhere near the political influence that Limbaugh has. “Letterman is not a political figure at all; and while Maher and Schultz strongly identify as liberals, neither qualifies as anything like a powerbroker in the Democratic Party.… A word of criticism from Limbaugh… will reduce almost any member of the Republican caucus to abject groveling.… I can’t recall anything as brutal, ugly, and deliberate ever being said by such a prominent person and so emphatically repeated. Among TV and radio talkers and entertainers, there is none who commands anything like the deference that Limbaugh commands from Republicans: not Rachel Maddow, not Jon Stewart, not Michael Moore, not Keith Olbermann at his zenith. Democratic politicians may wish for favorable comment from their talkers, but they are not terrified of negative comment from them in the way that Republican politicians live in fear of a negative word from Limbaugh” (see January 28-29, 2009). Frum asks why conservatives are responding to Limbaugh’s tirade against Fluke by finding old instances of liberal misconduct and throwing them into the discussion. “[W]hy the impulse to counter one outrageous stunt by rummaging through the archives in search of some supposedly offsetting outrageous stunt? Why not respond to an indecent act on its own terms, and then—if there’s another indecency later—react to that too, and on its own terms? Instead, public life is reduced to a revenge drama. Each offense is condoned by reference to some previous offense by some undefined ‘them’ who supposedly once did something even worse, or anyway nearly as bad, at some point in the past.” However, he concludes, Limbaugh’s latest transgression “is so ‘piggish,’ to borrow a word from Peggy Noonan (see March 4, 2012), as to overwhelm the revenge drama.… It is the bottom of the barrel of shock talk. And the good news is that from the bottom of the barrel, there is nowhere to go but up.” [CNN, 3/5/2012]

Entity Tags: Sarah Palin, Bill Maher, David Frum, David Letterman, Edward Andrew (“Ed”) Schultz, Sandra Fluke, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Presidential candidate Mitt Romney (R-MA), considered the leader in the primary race for the Republican presidential nomination, again refuses to comment on the controversy surrounding talk show host Rush Limbaugh’s three-day vilification of Georgetown University law student Sandra Fluke (see February 29, 2012, March 1, 2012, and March 2, 2012). Romney, like many Republicans, has refused to publicly criticize Limbaugh over his actions (see March 2, 2012 and March 2, 2012). Asked during a campaign stop about his position on Limbaugh, he says, “My campaign is about jobs and the economy and scaling back the size of government and I’m not going to weigh in on that particular controversy.” [Boston Globe, 3/6/2012] Some prominent Republicans, such as Romney’s fellow candidate Ron Paul (R-TX—see March 4, 2012), former Bush White House advisor Peggy Noonan (see March 4, 2012), Senators John McCain (R-AZ—see March 5, 2012) and Lisa Murkowski (R-AZ—see March 6, 2012), and former Bush speechwriter David Frum (see March 5, 2012), have condemned Limbaugh’s rhetoric. Two days ago, the former head of a conservative women’s organization predicted that few Republicans would step up to publicly criticize Limbaugh (see March 4, 2012).

Entity Tags: Willard Mitt Romney, David Frum, John McCain, Lisa Murkowski, Peggy Noonan, Ron Paul, Rush Limbaugh, Sandra Fluke

Timeline Tags: Domestic Propaganda, 2012 Elections

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