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COMMENTARY: Comcast vs Byron Allen Supreme Court hearing analysis

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

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

By Armstrong Williams, NNPA Newswire Contributor

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

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

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

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

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

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

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

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Smooth Ride! Car Suspension & Comfort Tested #shorts

Smooth suspension meets surprisingly spacious legroom. Experience true comfort on any road!

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Car suspension test demonstrating a smooth ride, comfort features, and handling on various terrains.

Experience the difference smooth suspension makes on rough streets. Check out the surprisingly good second-row legroom – test it yourself for true comfort.

🔗 Watch the full video: https://youtu.be/l9Z571za5Gc

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61 years since Selma, Houston leaders say the bridge remains to be crossed

61 years after Selma, Houston leaders say the fight for equality continues. The issues that sparked the marches still impact Black Americans today.

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Houston leaders discuss the ongoing struggle for civil rights 61 years after Selma, emphasizing the need for continued action.

It has been 61 years since the Selma marches. But political leaders in Houston say that the issues protesters were marching for still plague the lives of Black Americans.

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Here is what you need to know about finding unique white elephant gift ideas that everyone wants to steal

The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition. The wrapping paper comes off, the room goes quiet for half […]

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The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition.

The wrapping paper comes off, the room goes quiet for half a second, and suddenly everyone wants the same gift. That is the sweet spot. A great white elephant pick should make people laugh, lean in, and start plotting their next steal before the turn is even over.

Should a White Elephant Gift Be Funny or Useful?

A white elephant gift can be funny or useful, but the strongest choices usually give people a reason to laugh and a reason to keep the item. A practical gift with an odd design, unexpected feature, or playful theme can get a reaction without becoming something the recipient immediately wants to give away.

The right balance depends on the group. Close friends and family members may enjoy a ridiculous gag gift because they already understand one another’s sense of humor.

A workplace exchange, neighborhood party, or mixed-age gathering usually calls for something with broader appeal. In those settings, humor works better when it is built into an item people could still use afterward.

It also helps to think about how quickly the gift will make sense once it is opened. A strangely shaped kitchen tool, oversized mug, quirky desk accessory, or unexpectedly fancy everyday item can create an immediate reaction. Guests understand the joke right away, while the item still has enough practical value to attract a steal.

Pure gag gifts can be harder to pull off. Something that exists only for the punchline may get a big laugh during the reveal and then sit untouched for the rest of the game. If the goal is to bring one of the gifts everyone keeps fighting over, usefulness gives the joke staying power.

Memorable Present Ideas: Creating Inside Joke Gifts

Inside joke gifts can make a white elephant exchange feel much more personal, especially when most of the group shares the same stories. The trick is choosing a reference that people will recognize quickly instead of building the entire joke around something only two guests understand.

You can turn a memorable vacation mishap, office catchphrase, family story, or long-running group joke into the theme of the gift. A personalized comic book can work especially well when it turns familiar people or a ridiculous shared moment into part of the story. 

Think carefully about who the joke involves before ordering anything permanent. The gift should make the person feel included in the fun, not singled out for the wrong reason.

Can You Bring Something You Already Own?

Holiday gift exchanges can be a good place to re-gift something you never used, especially if it is unopened and clean.

The following can all work if they still look presentable:

  • A duplicate kitchen gadget
  • An untouched game
  • A decorative item
  • A sealed gift set 
  • An unopened candle
  • A new travel accessory

The goal is to give the item a second chance, not use the exchange as an excuse to clear out damaged or unwanted clutter.

Take a close look at the packaging before wrapping it. Faded boxes, missing pieces, visible wear, or anything that looks obviously used can make the gift feel careless. 

Wrapping Budget-Friendly Gifts

Wrapping can make gifts more entertaining before anyone even knows what’s inside.

Misdirection works especially well for fun party games. Put a small gift inside a much larger box. Use packaging from an unrelated household item.

Add harmless weight so guests cannot guess what they are holding. The reveal becomes part of the joke without changing the gift itself.

You can also lean into the theme of the exchange. Bright paper, oversized bows, reusable bags, or deliberately over-the-top wrapping can make an ordinary item feel more memorable. If the gift itself is already funny, simple wrapping may work better so the surprise stays hidden until the last second.

Frequently Asked Questions

Is Picking Last an Advantage in White Elephant?

Picking last can be an advantage because you get to see almost every gift before making your move. Instead of choosing blindly from the remaining wrapped presents, you can steal something that has already caught your attention if the rules still allow it.

That advantage depends on the house rules. Some games limit how many times a gift can be stolen.

Others lock an item once it reaches a certain number of steals. If the most popular gifts are already unavailable, the final player may have fewer strong options than expected.

The first player can also get another turn at the end in some versions of the game. That rule can balance things out, since the person who started with the least information may get one final chance to steal.

How Do You Plan White Elephant for a Large Group?

For a large white elephant exchange, set a firm spending limit and establish the stealing rules in advance.

Create a clear turn order before the game begins. Drawing numbers as guests arrive can save time once everyone is ready to start.

Keep the number of steals per gift limited so the game does not drag on. It also helps to have one person track which creative holiday presents have been stolen and when they are locked, especially if dozens of people are participating.

Can You Play White Elephant Virtually?

A virtual white elephant exchange can work over a video call, with one person keeping track of the turn order and each steal. Guests can either mail physical gifts ahead of time or use digital gifts that can be delivered once the game ends.

Set the spending limit and stealing rules before everyone joins. It also helps to decide how gifts will be revealed and who is responsible for sending each one afterward so the exchange does not become confusing.

Choose a Perfect White Elephant Gift in a Snap

Look for a white elephant gift that fits some of these criteria, and everyone will be trying to grab it at your next celebration.

Do you need more gift-giving tips and tricks? Make sure you read some of our other posts.

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